Effective July 9, 2006

GUIDE TO PERMITTING

WASTEWATER FACILITIES OR

ACTIVITIES UNDER

CHAPTER 62-620, F.A.C.
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Effective July 9, 2006

TABLE OF CONTENTS

SECTION I: GENERAL INFORMATION------------------------------------------ 1

SECTION II: SPECIFIC PROVISIONS FOR NEW FACILITIES OR 

ACTIVITIES ------------------------------------------------------------------------------ 3

PRELIMINARY DESIGN OR ENGINEERING REPORT --------------------------------------------------3

NEW SOURCES AND NEW DISCHARGERS---------------------------------------------------------------6

RECORD DRAWINGS --------------------------------------------------------------------------------------------8

SECTION III: APPLICATION REQUIREMENTS FOR SPECIFIC 

FACILITIES OR ACTIVITIES-------------------------------------------------------- 9

NEW OR EXISTING INDUSTRIAL WASTEWATER FACILITIES--------------------------------------9

DISCHARGES OF NON-PROCESS WASTEWATER-----------------------------------------------------13

NEW AND EXISTING ANIMAL FEEDING OPERATIONS------------------------------------------------15

NEW AND EXISTING AQUATIC ANIMAL PRODUCTION FACILITIES ------------------------------15

STORMWATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY ---------------------16

NEW DOMESTIC WASTEWATER FACILITIES AND SUBSTANTIAL MODIFICATIONS TO 

EXISTING FACILITIES--------------------------------------------------------------------------------------------17

RENEWAL OF A DOMESTIC WASTEWATER FACILITY PERMIT -----------------------------------19

NEW OR EXISTING DEMINERALIZATION CONCENTRATE DISCHARGES----------------------21

ADDITIONAL APPLICATION AND PERMIT REQUIREMENTS FOR SPECIFIC FACILITIES 

OR ACTIVITIES-----------------------------------------------------------------------------------------------------24

SECTION IV: ADDITIONAL INFORMATION ON PERMITTING ----------25

COORDINATION WITH THE U.S. ARMY CORPS OF ENGINEERS AND OTHER 

GOVERNMENT AGENCIES -------------------------------------------------------------------------------------25

U. S. ARMY CORPS OF ENGINEERS---------------------------------------------------------------------------------------- 25
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Effective July 9, 2006

U. S. FISH AND WILDLIFE SERVICE ----------------------------------------------------------------------------------------- 25

NATIONAL MARINE FISHERIES SERVICE------------------------------------------------------------------------------------ 25

PREPARATION OF A STATEMENT OF BASIS OR A FACT SHEET---------------------------------25

VARIANCE REQUESTS UNDER THE CLEAN WATER ACT AND 40 CFR-------------------------27

VARIANCE REQUESTS --------------------------------------------------------------------------------------------------------- 27

VARIANCE PROCEDURES ----------------------------------------------------------------------------------------------------- 29
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Effective July 9, 2006

SECTION I: GENERAL INFORMATION

A. All applications shall include the following information. Additional requirements for 

information specific to the particular type of wastewater facility or activity are listed in 

subsequent sections of this guide and in the application forms referenced in Rule 62-620.910(2) 

through (8), F.A.C.

B. Items 1 through 7 can be submitted on DEP Form 62-620.910(1).

1. The activities conducted by the applicant which require it to obtain a permit;

2. Name, mailing address, and location of the facility or activity for which the application 

is submitted;

3. Up to four Standard Industrial Codes (SIC) which best reflect the principal products or 

services provided by the site or plant;

4. The permittee's name, address, telephone number, ownership status, and status as 

Federal, State, private, public, or other entity; 

5. A listing of all current State or Federal environmental permits and State or Federal 

construction approvals relating to the project described in the application for permit; 

6. Topographic or other maps extending one mile beyond the site or plant boundaries, 

depicting:

a) The facility or activity and each of its intake and discharge structures;

b) Each of its hazardous waste treatment, storage, or disposal facilities or activities;

c) Each well where liquids from the facility or activity are injected underground; and

d) Those wells, springs, sinkholes, other surface water bodies, and drinking water 

wells listed in public records or otherwise known to the applicant in the map area; and 

e) All disposal or reuse land application systems, or residuals or industrial sludge land 

application sites;

7. A brief description of the nature of the business;

C. The application shall include the latitude and longitude coordinates for the facility or 

activity, each point of discharge, any land application site for effluent, reclaimed water, industrial 

sludge or residuals, and other applicable parts of the facility or activity, excluding the collection 

and transmission lines conveying sewage to a domestic wastewater treatment plant or conveying 

treated wastewater to the point of disposal or reuse. The application shall include the date the 
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Effective July 9, 2006

coordinates were determined and the method used for obtaining each pair of measurements.

D. An applicant shall submit documentation under Rule 62-4.242(1), F.A.C., if applicable, that 

the proposed project complies with the antidegradation requirements set forth in Rule 

62-302.300, F.A.C.

E. An applicant for a permit for a new wastewater facility or activity, or for substantial 

modifications to an existing wastewater facility or activity, shall submit in accordance with Rule 

62-620.410(3), F.A.C., a preliminary design report, an engineering plan, or other information, for 

review by the Department as part of the application for permit.

F. An applicant shall submit documentation with the application providing reasonable 

assurances that the criteria in Chapters 62-302, 62-520, 62-522, 62-528, 62-600, 62-610, 62-611, 

62-640, 62-650, 62-660, 62-670, 62-671, 62-672, 62-673, F.A.C., and all other Department rules, 

as applicable, shall be met.
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Effective July 9, 2006

SECTION II: SPECIFIC PROVISIONS FOR NEW FACILITIES OR 

ACTIVITIES

PRELIMINARY DESIGN OR ENGINEERING REPORT

A. An applicant for a permit for a new or substantially modified wastewater facility or activity 

shall prepare documents which describe the proposed facility or activity or modification to an 

existing facility or activity and which show that the facility or activity will reasonably be 

expected to not cause or contribute to a violation of water quality standards.

B. An applicant for a permit for an industrial wastewater facility or activity shall provide an 

engineering report containing:

1. a description of the plant and plant operations;

2. types and quantities of all waste material to be generated whether liquid, gaseous or 

solid;

3. proposed waste control facilities;

4. the treatment objectives;

5. the design criteria on which the control facilities are based;

6. design information for all discharge points or outfalls discharging to ground or surface 

waters including a:

a) discussion of the antidegradation requirements of Rule 62-4.242, F.A.C.,

b) discussion of the receiving water body classification and corresponding water 

quality standards,

c) discussion of any considerations to be given to the receiving water body or 

contiguous waters such as any designated Outstanding Florida Waters or Outstanding 

National Resource Waters described in Chapter 62-302, F.A.C.,

d) discussion of the applicable water quality based effluent limitations as determined 

in accordance with Chapter 62-650, F.A.C.; and

e) site-specific information, such as types and quantities of materials delivered to and 

stored at the proposed site or plant from which pollutants or wastes may spill or be 

washed during storm events and the proposed methods for containment and clean-up 

when appropriate.

C. An applicant for a permit for a domestic wastewater facility shall provide a preliminary 
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Effective July 9, 2006

design report containing:

1. Population - current and design year projections for the population to be served;

2. Description and map of service area and land use projections for the current and design 

years;

3. Forecasts of flow and wastewater characteristics for current and design years of:

a) Physical, chemical, and biological characteristics and concentrations,

b) Wastewater flow patterns described in terms of maximum monthly average daily 

flow, three-month average daily flow, annual average daily flow, maximum daily flow, 

minimum 24-hour flow and peak hourly flow during current and design years, and

c) Domestic, industrial, and infiltration/inflow contributions;

4. Site plan showing operations and unit processes; 100-year and 25-year flood elevations; 

approximate finish elevations for all major treatment units, pumping stations, and sanitary 

manholes; and a stormwater management plan;

5. An assessment of environmental effects of the project, including odor and noise control, 

public accessibility, proximity to existing and proposed residential areas, flood protection, 

lighting, and aerosol drift;

6. Disposal methods or reuse options selected, required levels of treatment, and selected 

treatment processes;

7. Technical information and design criteria for treatment facilities, including:

a) Hydraulic and organic loadings - minimum, average, and maximum quantities for 

the liquid and solids treatment processes,

b) Flow metering and sampling provision,

c) Recycle flows within the treatment plant,

d) Chemical addition facilities, including disinfection and technical information 

addressing dechlorination, if applicable,

e) Removals, reclaimed water or effluent concentrations with separate tabulation for 

each unit handling solid and liquid fractions with supporting data including design 

calculations,

f) Documentation supporting chlorine doses and residuals and contact times used as 

the basis of design, if chlorine is used for disinfection, and

g) Residuals treatment, management, and disposal including on-site storage needs or 

alternate disposal methods;

8. Process diagrams, including:
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Effective July 9, 2006

a) Expected dimensions of unit operations and processes, capacities and volumes,

b) Process configuration,

c) Hydraulic profile,

d) Organic loading profile,

e) Solids profile,

f) Solids control system, and

g) Flow diagram with capacities;

9. Operation and control strategies included for prevention of upsets, alternate disposal 

methods, and reliability classification and features;

10. Design information for outfalls discharging to coastal or open ocean waters including:

a) Bottom profiles of the route selected for the outfall and typical cross-sections for 

outfall segments, joints, and diffuser, if applicable,

b) Description of all materials to be used and an outline of construction procedures as 

well as design considerations in Rule 62-600.510(6), F.A.C.,

c) Description of structural protection for the outfall, and

d) Discussion of the disinfection process to be used and the operating criteria proposed 

to ensure that microbiological requirements will be met; and

11. Design information for all outfalls discharging to surface waters including:

a) Discussion of the antidegradation requirements of Rule 62-4.242, F.A.C.,

b) Discussion of the receiving water body classification and corresponding water quality 

standards,

c) Discussion of any considerations to be given to the receiving water body or contiguous 

waters such as any designated Outstanding Florida Waters or Outstanding National 

Resource Waters described in Chapter 62-302, F.A.C., and

d) Discussion of the applicable water quality based effluent limitations as determined in 

accordance with Chapter 62-650, F.A.C.

12. Additional requirements for the preliminary design report are:

a) For reuse of reclaimed water and land application systems, Chapter 62-610, F.A.C.,

b) For new Class I and V underground injection facilities or modification of such 

facilities, Chapter 62-528, F.A.C.,

c) For residuals management and land application, Chapter 62-640, F.A.C., and

d) For wetlands treatment and discharge systems, Chapter 62-611, F.A.C.

D. An engineering report or preliminary design report shall be signed and sealed by a 

professional engineer registered in Florida who is designated by the applicant as the engineer of 
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Effective July 9, 2006

record.

NEW SOURCES AND NEW DISCHARGERS

A. Except as otherwise provided in an applicable new source performance standard under 

Chapter 62-660, F.A.C., a source is a "new source" if it meets the definition of "new source" in 

Rule 62-620.200, F.A.C., and:

1. It is constructed at a site at which no other source is located;

2. It totally replaces the process or production equipment that causes the discharge of 

pollutants at an existing source; or

3. Its processes are substantially independent of an existing source at the same site. In 

determining whether these processes are substantially independent, the Department shall 

consider such factors as the extent to which the new facility is integrated with the existing 

plant and the extent to which the new facility is engaged in the same general type of activity 

as the existing source.

B. A source meeting the requirements above is a new source only if a new source performance 

standard is independently applicable to it. If there is no such independently applicable standard, 

the source is a new discharger.

C. Construction on site at which an existing source is located results in a modification to a 

facility rather than a new source or a new discharger if the construction does not create a new 

building, structure, facility, or installation meeting the criteria above but otherwise alters, 

replaces, or adds to existing process or production equipment.

D. Construction of a new source has commenced if the permittee has:

1. Begun, or caused to begin as part of a continuous on site construction program:

a) Any placement, assembly, or installation of facilities or equipment; or

b) Significant site preparation work including clearing, excavation or removal of 

existing buildings, structures, or facilities which is necessary for the placement, 

assembly, or installation of new source facilities or equipment; or

2. Entered into a binding contractual obligation for the purchase of facilities or equipment 

which are intended to be used in its operation within a reasonable time. Options to purchase 

or contracts which can be terminated or modified without substantial loss, and contracts for 

feasibility engineering, and design studies do not constitute a contractual obligation under 

this paragraph.
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Effective July 9, 2006

E. Except as provided below, any new discharger or new source which meets the applicable

promulgated new source performance standards before the commencement of discharge shall not 

be subject to any more stringent new source performance standards or to any more stringent 

technology-based standards under section 301(b)(2) of the CWA for whichever of the following 

periods ends first:

1. Ten years from the date that construction is completed;

2. Ten years from the date the source begins to discharge process or other nonconstruction related wastewater; or

3. The period of depreciation or amortization of the facility for the purposes of section 167 

or 169 (or both) of the Internal Revenue Code of 1954.

F. The protection from more stringent standards of performance afforded by the preceding 

paragraph does not apply to:

1. Additional or more stringent permit conditions which are not technology-based such as 

conditions based on water quality standards, toxic effluent standards, or prohibitions under 

section 307(a) of the CWA; or

2. Additional permit conditions controlling toxic pollutants or hazardous substances which 

are not controlled by new source performance standards. This includes permit conditions 

controlling pollutants other than those identified as toxic pollutants or hazardous substances 

when control of these pollutants has been specifically identified as the method to control the 

toxic pollutants or hazardous substances.

G. When a permit issued to a source which is protected will expire on or after the expiration of 

the protection period, that permit shall require the permittee to comply with the requirements of 

section 301 or any other then applicable requirements of the CWA immediately upon the 

expiration of the protection period. If the applicable requirements were promulgated less than 3 

years before the expiration of the protection period, an additional period up to three years from 

the date the requirements were promulgated shall be allowed for achieving compliance with these 

requirements. No other extension of time for compliance shall be granted. After the end of the 

protection period, a source operated out of compliance with the requirements of section 301 or 

any other than applicable requirements shall be in violation of the CWA. 

H. The permittee shall install, have in operating condition, and shall start-up all pollution 

control equipment required to meet the conditions of the permit before beginning to discharge. 

Within the shortest feasible time after beginning to discharge, but not to exceed 90 days, the 

permittee shall meet all permit conditions. The requirements of this paragraph do not apply if the 

permittee is issued a permit containing a compliance schedule under Rule 62-620.620(5), F.A.C.
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Effective July 9, 2006

I. After the effective date of new source performance standards, it shall be unlawful for any 

owner of any new source to operate the source in violation of those standards applicable to the 

source, except as described here.

RECORD DRAWINGS

A. Record drawings shall be prepared for new wastewater facilities or activities or for 

substantial modification to existing wastewater facilities or activities under Chapter 62-620, 

F.A.C. These drawings do not need to be prepared until the permit is issued and the facility 

constructed.

B. Record drawings shall include a set of plans and specifications which identify substantial 

deviations, referenced in the notification of completion of construction, that have occurred since 

the initial permit was issued.

C. Record drawings shall be furnished to the permittee by the contractor and shall be based on 

information gathered and prepared under his direction. Record drawings shall be reviewed to 

determine their adequacy by an engineer registered in Florida. The engineer shall be the project 

design engineer or an engineer who has been retained by the permittee to provide professional 

engineering services during the construction phase of project completion.

D. Notification of availability of record drawings is not required before placing a facility or 

activity into operation but shall be filed with the Department within six months of completion of 

construction. Notification shall be made on DEP Form 62-620.910(13).
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Effective July 9, 2006

SECTION III: APPLICATION REQUIREMENTS FOR SPECIFIC 

FACILITIES OR ACTIVITIES

In addition to DEP Form 62-620.910(1) which contains general information about a facility

or activity, an applicant is required to complete one or more of the following applications which 

contains specific information. If an applicant is required to complete multiple applications in 

addition to Form 62-620.910(1) to adequately describe the proposed facility or activity, only the 

relevant portions of any application should be completed. Duplicative information should be 

avoided unless required for clarity.

 When an applicant has two or more discharge points or outfalls with substantially identical 

effluents, the applicant may request permission to sample only one discharge point or outfall and 

report that the quantitative data also applies to the other substantially identical discharge points 

or outfalls. The Department shall grant such request upon an applicant's demonstration, which 

may consist of flow diagrams and test results, that the effluents are substantially identical. The 

applicant may also request permission to composite samples from one or more outfalls that 

discharge into the same mixing zone.

NEW OR EXISTING INDUSTRIAL WASTEWATER FACILITIES

A. This subsection provides the requirements for an application for a permit to discharge 

process wastewater or non-process wastewater into waters when effluent guidelines or new 

source performance standards have been promulgated. This includes an application for a permit 

for a new industrial facility or activity; for a revision to a permit to substantially modify a 

permitted industrial facility or activity; or for renewal of an existing wastewater permit. 

Application for a permit shall be made on DEP Form 62-620.910(1), and DEP Form 62-

620.910(4), or (5), as applicable.

B. An applicant shall provide the following information in addition to the general information 

required in Section I of this Guide:

1. The method of effluent disposal, including the name and classification of the receiving 

surface or ground water at each discharge point;

2. The expected date of discharge from a newly constructed or modified facility or activity;

3. A line drawing of the water flow through the facility which includes a water balance and 

shows operations contributing wastewater to the effluent and associated treatment units. 

Similar processes, operations, or production areas may be indicated as a single unit and 

labeled to correspond to the more detailed identification required in paragraph 4. below. The 
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Effective July 9, 2006

water balance must show approximate average daily flows at intake and discharge points and 

between units, including treatment units. If a water balance cannot be determined, the 

applicant may provide instead a pictorial description of the nature and amount of any sources 

of water and any collection and treatment measures.

4. A narrative description of each type of process, operation, or production area which 

contributes wastewater to the effluent for each discharge point or outfall, including: process 

wastewater, cooling water, and stormwater runoff; the average flow which each process 

contributes; and a description of the treatment the wastewater receives, including the 

ultimate disposal of any solid or liquid waste other than by effluent discharge. A process, 

operation, or production area may be described in general terms. This information shall 

include the identity of each industrial user of the treatment works. The average flow of a 

point source composed of stormwater may be estimated. The basis for the rainfall event and 

the method of estimation must be indicated. If any discharge described in this subsection is 

intermittent or seasonal, include a description of the frequency, duration, and flow rate of the 

discharge occurrence except for stormwater runoff, spillage, or leaks.

5. If an effluent guideline under Rule 62-660.400, F.A.C., applies to the facility or activity 

and is expressed in terms of production (or other measure of operation), a reasonable 

measure of the actual production of the facility, except for new sources or new dischargers 

which may use estimates based on projected production.

6. For a new source or a new discharger, if a new source performance standard or an 

effluent limitation guideline under Rule 62-660.400, F.A.C., applies to the facility or activity 

and is expressed in terms of production, a reasonable measure of the applicant's expected 

actual production reported in the units used in the applicable effluent guideline or new 

source performance standard for each of the first three years. Alternative estimates may also 

be submitted if production is likely to vary.

7. If the applicant is subject to any present requirements or compliance schedules for 

construction, upgrading, or operation of waste treatment equipment, an identification of the 

abatement requirement, a description of the abatement project, and a listing of the required 

and projected final compliance dates.

8. Applicants for permits for new or substantially modified facilities or activities shall 

submit estimates of each of the pollutants that will be found in their effluent. All levels shall 

be estimated as concentration and as total mass, except for flow, pH and temperature. Flow 

shall be estimated as volume (million gallons per day), pH as Standard Units, and 

temperature as degrees centigrade. All other applicants shall submit quantitative data on the 

effluent discharge for:

a) Biochemical Oxygen Demand (BOD5),

b) Chemical Oxygen Demand (COD),
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Effective July 9, 2006

c) Total Organic Carbon (TOC),

d) Total Suspended Solids (TSS),

e) Ammonia (as N),

f) Temperature (both winter and summer), 

g) pH,

h) Average daily flow (for new facilities),

i) Total Nitrogen (as N), and

j) Total Phosphorus (as P). 

9. The requirement in paragraph 8. of this section for estimated levels or quantitative data 

does not apply to pollutants present in a discharge solely as a result of their presence in 

intake water if the facility proposes to discharge the effluent to the source of the intake 

water; however, an applicant must report such pollutants as present, if the applicant knows 

or has reason to believe they are present.

10. Grab samples must be used for pH, temperature, cyanide, total phenols, residual 

chlorine, oil and grease, fecal coliform and fecal streptococcus. For all other pollutants, 24-

hour composite samples must be used. However, a minimum of one grab sample may be 

taken for effluents from holding ponds or other impoundments with a retention period

greater than 24 hours. In addition, the Department shall waive composite sampling for any 

discharge point or outfall for which the applicant demonstrates that the use of an automatic 

sampler is infeasible and that the minimum of four grab samples will be a representative 

sample of the effluent being discharged. Sampling shall be conducted in accordance with 

Rule 62-4.246 and Chapter 62-160, F.A.C., and 40 CFR 136.

11. Applicants for renewal of an existing wastewater permit shall submit the following:

a) Quantitative data on pollutants, listed in Appendix D of 40 CFR 122, unless 

otherwise suspended, that are discharged from each discharge point or outfall containing 

process wastewater, if the applicant has a discharge from processes in one or more of 

the primary industry categories listed in Appendix A of 40 CFR 122.

b) A listing of toxic pollutants which the applicant plans to use or manufacture as an 

intermediate or final product or by-product. The Department shall revise this 

requirement if the applicant demonstrates that it would be unduly burdensome to 

identify each toxic pollutant and provides information that satisfies the requirements of 

Rule 62-620.335, F.A.C., for renewal of an existing wastewater permit.

c) For each applicant with a discharge of wastes into surface waters, an identification 

of any biological toxicity test which the applicant knows or has reason to believe has 

been made within the last 3 years on any of the applicant's discharges or on the 

receiving waters in relation to the discharge.

12. An applicant for a permit for a new facility or activity or, when applicable, a modified 

facility or activity shall submit the following:
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Effective July 9, 2006

a) Estimated daily maximum, daily average, and source of information for each 

discharge point or outfall of all pollutants in Table IV of Appendix D of 40 CFR 122 

(certain conventional and non-conventional pollutants) if the applicant knows or has 

reason to believe they will be present or if they are limited by an effluent limitation 

guideline or a new source performance standard either directly or indirectly through 

limitations on an indicator pollutant;

b) Estimated daily maximum, daily average and source of information for the 

following pollutants if the applicant knows or has reason to believe that they will be 

present in the discharges from any discharge or outfall

1) The pollutants listed in Table III of Appendix D of 40 CFR 122 (toxic metals, 

total cyanide, and total phenols),

2) Organic toxic pollutants in Table II of Appendix D of 40 CFR 122 (except for 

bis (chloromethyl) ether, dichlorofluoromethane and trichlorofluoro-methane), and

3) The pollutants listed in Table V of Appendix D of 40 CFR 122 (certain 

hazardous substances, no quantitative estimates are required unless they are already 

available); and

c) The applicant is required to report that 2,3,7,8 Tetrachlorodibenzo P-Dioxin (TCDD) 

may be discharged if he uses or manufactures one of the following compounds, or if he 

knows or has reason to believe that TCDD will or may be present in an effluent

1) 2,4,5-trichlorophenoxy acetic acid (2,4,5-T) (CAS #93-72-1),

2) (2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5-TP) (CAS #92-72-1),

3) (2,4,5-trichlorophenoxy) ethyl 2,2-dichloropropionate (Erbon)

(CAS #136-24-4),

4) 0,0-dimethyl 0-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel)

(CAS #299-84-3),

5) 2,4,5-trichlorophenol (TCP) (CAS #95-95-4), or

6) Hexachlorophene (HCP) (CAS #70-30-4).

C. The applicant may request that the Department waive all or part of the testing in this section 

by submitting a request for such waiver before or with his application. The Department shall 

grant such request upon the applicant's demonstration that information which satisfies the 

requirements of this chapter for issuance of a permit can be obtained through less stringent 

requirements.

D. If estimates are submitted under paragraph 8. above, the quantitative data required must be 

provided within six months, if available, but no later than two years after commencement of 

discharge. The data may be provided as a part of the monitoring requirements of the permit.
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Effective July 9, 2006

E. Sampling and monitoring data shall be collected and analyzed in accordance with 40 CFR 

136, and Rules 62-4.246 and 62-160, F.A.C.

F. Each applicant for a permit for a new facility must report the existence of any technical 

evaluation of the proposed wastewater treatment process, along with the name and location of 

similar plants of which he has knowledge.

G. In addition to the information reported on the application form, an applicant shall provide

such other information requested by the Department under Rule 62-620.510, F.A.C., which 

shows that reasonable assurance exists for issuance of a permit.

DISCHARGES OF NON-PROCESS WASTEWATER

A. This subsection provides the requirements for an application for a permit to discharge nonprocess wastewater into waters, except when effluent guidelines or new source performance 

standards have been promulgated. If effluent guidelines or new source performance standards 

have been promulgated, the application requirements are contained in the preceding part (New or 

Existing Industrial Wastewater Facilities) of this Guide. This subsection includes an application 

for a permit for new industrial wastewater facility or activity; for a revision to a permit to 

substantially modify a permitted industrial wastewater facility or activity; or for renewal of an 

existing wastewater permit. An application shall be made on DEP Form 62-620.910(1) and DEP 

Form 62-620.910(6) or (7), as applicable.

B. An applicant shall provide the following information in addition to the information required 

by Section I of this Guide:

1. The name and classification of the receiving water and the location and identification 

number of the discharge point or outfall; 

2. For new dischargers, the date of expected commencement of discharge;

3. An identification of the general type of waste discharged, or expected to be discharged 

upon commencement of operations, including sanitary wastes, restaurant or cafeteria wastes, 

or noncontact cooling water;

4. An identification of cooling water additives, if any, that are used or expected to be used 

upon commencement of operations, along with their composition if known;

5. Applicants for a permit for new or substantially modified facilities or activities shall 

submit estimates of each of the following pollutants that will be found in their effluent. All 
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Effective July 9, 2006

levels shall be estimated as concentration and as total mass, except for flow, pH and 

temperature. Flow shall be estimated as volume (million gallons per day), pH as Standard 

Units, and temperature as degrees centigrade. All other applicants shall submit at a 

minimum quantitative data on the effluent discharge for:

a) Biochemical Oxygen Demand (BOD5),

b) Chemical Oxygen Demand (COD), 

c) Total Organic Carbon (TOC), 

d) Total Suspended Solids (TSS),

e) Ammonia (as N),

f) Temperature (both winter and summer), 

g) pH,

h) Average Daily Discharge flow,

i) Fecal coliform, if believed present or treated sanitary waste is or will be discharged, 

j) Total residual chlorine, if chlorine is used, and

k) Oil and grease;

6. Grab samples must be used for pH, temperature, oil and grease, total residual chlorine, 

and fecal coliform. For all other pollutants, 24-hour composite samples shall be used. 

Sampling and monitoring data shall be collected and analyzed in accordance with 40 CFR 

136, Rule 62-4.246 and Chapter 62-160, F.A.C.;

7. A description of the frequency of flow and duration of any seasonal or intermittent 

discharge except for stormwater runoff, leaks, or spills;

8. A brief description of any treatment system used or to be used; and

9. Any additional information the applicant wishes to be considered.

C. The applicant may request that the Department waive all or part of the testing in paragraph 5. 

above by submitting a request for such waiver before or with his application. The Department 

shall grant such request upon the applicant's demonstration that information which satisfies the 

requirements of this chapter for issuance of a permit can be obtained through less stringent 

requirements.

D. If the applicant is a new discharger, the quantitative data required in paragraph 5. above must 

be provided within six months, if available, but no later than two years after commencement of 

discharge. The data may be provided as a part of the monitoring requirements of the permit.

E. The requirements of paragraph 5. above do not apply to pollutants present in a discharge 

solely as a result of their presence in intake water if the facility proposes to discharge the nonprocess wastewater to the source of the intake water. However, an applicant shall report such 
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Effective July 9, 2006

pollutants as present.

F. In addition to the information reported on the application form, an applicant shall provide 

such other information requested by the Department under Rule 62-620.510, F.A.C., which 

shows that reasonable assurance exists for issuance of a permit.

NEW AND EXISTING ANIMAL FEEDING OPERATIONS

A. Applicants for permits for new and existing animal feeding operations are subject to the 

permitting requirements of Chapter 62-670, F.A.C., and this Guide.

B. Applicants for permits for new and existing concentrated animal feeding operations, as 

defined in Chapter 62-670, F.A.C., and DEP Form 62-620.910(3), shall provide the information 

listed in paragraph C. below in addition to the information required in Section I of this Guide and 

Chapter 62-670, F.A.C.

C. An application shall be made on DEP Forms 62-620.910(1) and (3) and shall include:

1. The type and number of animals in open confinement and housed under roof;

2. Number of acres used for confinement feeding; and

3. The design basis for the runoff diversion and control system, if one exists, including the 

number of acres of contributing drainage, the storage capacity, and the design safety factor.

NEW AND EXISTING AQUATIC ANIMAL PRODUCTION FACILITIES

A. Applicants for permits for new and existing aquatic animal production facilities or activities 

are subject to the permitting requirements of Chapter 62-660 and this subsection.

B. Applicants for permits for concentrated aquatic animal production facilities or activities shall 

provide the information listed in this subsection in addition to the information required by 

Section I of this Guide and Chapter 62-660, F.A.C.

C. A concentrated aquatic animal production facility is a hatchery, fish farm, or other facility 

that contains, grows, or holds fish species or other aquatic animals in ponds, raceways, or other 

similar structures which discharge at least 30 days per year, but does not include:

1. Closed ponds which discharge only during periods of excess runoff; or

2. Facilities that produce less than 45,454 harvest weight kilograms (approximately 

100,000 pounds) of aquatic animals per year.
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Effective July 9, 2006

D. The Department shall designate any aquatic animal production facility or activity as a 

concentrated aquatic animal production facility upon determining that it is a significant 

discharger of wastes into waters. An aquatic animal production facility or activity shall not be 

designated under this subsection until there has been an on-site inspection of the facility or 

activity. In making this designation, factors shall be considered such as:

1. The location and quality of the receiving waters;

2. The holding, feeding and production capacities of the facility or activity; and

3. The quantity and nature of the pollutants reaching waters of the State.

E. Applicants for a permit for new and existing aquatic animal production facilities or activities 

shall make application on DEP Forms 62-620.910(1) and (3). Applicants for a permit for a 

concentrated aquatic animal production facility shall make application on DEP Forms 62-

620.910(1) and (4). All applicants shall provide the following information in addition to the 

information required in Section I of this Guide:

1. The maximum daily and average monthly flow from each outfall;

2. The number of ponds, raceways, and similar structures;

3. The name of the receiving water and the source of intake water;

4. For each species of aquatic animals, the total yearly and maximum harvestable weight; 

and

5. The calendar month of maximum feeding and the total mass of food fed during that 

month.

STORMWATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY

A. This subsection provides the additional application requirements for the discharge of 

stormwater associated with industrial activity to surface waters of the State.

B. If the facility or activity is not covered by a generic permit under Chapter 62-621, F.A.C., 

and is not a municipal separate storm sewer system (MS4) permitted under Chapter 62-624, 

F.A.C., the discharge of stormwater associated with industrial activity to surface waters of the 

State shall be permitted under Chapter 62-620, F.A.C. Application shall be made on DEP Forms 

62-620.910(1) and (8).
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Effective July 9, 2006

C. All sampling and monitoring required by the application or by an issued permit shall be in 

accordance with Rule 62-4.246 and Chapter 62-160, F.A.C., 40 CFR 136 and 40 CFR 

122.21(g)(7).

NEW DOMESTIC WASTEWATER FACILITIES AND SUBSTANTIAL 

MODIFICATIONS TO EXISTING FACILITIES

A. This subsection provides the requirements for an application for a permit to discharge 

wastewater from public and private wastewater facilities treating domestic wastewater. This 

includes an application for a permit for a new domestic wastewater facility, or for a revision to a 

permit to substantially modify a permitted domestic facility. Applications for permits to 

construct collection and transmission systems shall be made under Chapter 62-604, F.A.C. 

Application under this subsection shall be made on DEP Forms 62-620.910(1) and (2).

B. The applicant shall submit as part of the application a preliminary design report.

1. The preliminary design report and any detailed plans and specifications shall be signed 

and sealed by the engineer of record.

2. The preliminary design report shall contain the appropriate information requested in 

Section II of this Guide., and, for reuse and land application systems, Chapter 62-610, 

F.A.C. If a sufficient preliminary design report is submitted, the Department shall not 

withhold action on a wastewater facility permit application for lack of detailed plans and 

specifications, unless they are required for Federal or State funding.

C. The application shall include the following:

1. A process flow diagram showing the capacities of the facility; 

2. A site plan showing the operations and unit processes; 

3. For modifications to existing facilities, a capacity analysis report if required by Chapter 

62-600, F.A.C., and

4. If applicable, for inclusion in the draft permit, proposed schedules for construction, 

including dates for completion of detailed plans and specifications, start of construction, 

placing the facility in operation, and compliance with reclaimed water or effluent 

limitations; and design treatment levels for reclaimed water or effluent flow and quality.

D. For facilities that use land application as a method of residuals disposal, the application shall 

include an Agricultural Use Plan or Dedicated Site Plan as described in Chapter 62-640, F.A.C. 

Residuals which qualify as AA quality in accordance with Chapter 62-640, F.A.C., are exempt 
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Effective July 9, 2006

from this requirement and may be used under the provisions of Chapter 62-640, F.A.C.

E. For new, substantially modified, and existing facilities discharging to surface waters, the 

application shall provide the results of valid whole effluent biological toxicity testing if the 

treatment works has:

1. A design influent flow equal to or greater than 1 MGD;

2. An approved pretreatment program, or is required to develop a pretreatment program; or

3. Received notification from the Department described in the paragraph below.

F. For new, substantially modified, or existing facilities discharging wastes into surface waters, 

the Department shall require whole effluent toxicity testing under paragraph (c) above based on 

the following:

1. The variability of the pollutants or pollutant parameters in the effluent indicated by 

chemical-specific information, the type of treatment facility, and types of industrial 

contribution to the influent of the treatment works;

2. The dilution of the effluent in the receiving water indicated by the ratio of the effluent 

flow to the receiving water flow;

3. Existing controls on point or non-point sources, including total maximum daily load 

calculations for the water body segment and the relative contribution of the treatment works;

4. The characteristics of the receiving waters including possible or known water quality 

impairment and whether the treatment works discharge to a coastal waters or Outstanding 

Florida Waters; and

5. Site-specific considerations including the history of toxic impact or compliance 

problems at the treatment works which cause or contribute to adverse water quality impacts.

G. All toxicity testing shall be in accordance with 40 CFR 136, Rule 62-4.246 and Chapter 62-

160, F.A.C. Such testing shall have been conducted since the last permit reissuance or permit 

revision whichever occurred last. If more than one set of tests has been conducted, the most 

recent testing shall be submitted. 

H. Section 367.031, F.S., provides that new domestic wastewater treatment plants serving an 

area located in a county regulated by the Public Service Commission must obtain a certificate of 

authorization prior to being issued a permit by the Department. An application for a permit 

under this chapter for a new domestic wastewater treatment plant shall include the notification 

number and a copy of the certificate.
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Effective July 9, 2006

I. For projects involving the discharge of reclaimed water or effluent onto property not owned 

or under the direct control of the permittee, the application shall include a binding agreement, 

between the applicant and the property owner, generally for the term of the useful life of any 

treatment, reuse, or disposal facilities, to ensure adequate operation and maintenance of facilities. 

For reuse projects permitted under part III of Chapter 62-610, F.A.C., the permittee shall submit 

documentation of controls on individual users of reclaimed water through detailed agreements or 

by local ordinances as set forth in Chapter 62-610, F.A.C.

J. In accordance with section 403.064, F.S., if the project is located in an area that has been 

designated as a water resource caution area by the Water Management District, a reuse feasibility 

study as set forth in Rule 62-610.820, F.A.C., shall be submitted with the application.

K. If the application for permit proposes to use golf course lakes as storage facilities for 

reclaimed water and these lakes also serve as part of a stormwater management system, the 

application shall demonstrate that the lakes have sufficient capacity for both stormwater 

management and storage of reclaimed water in accordance with Chapter 62-610, part III, F.A.C.

RENEWAL OF A DOMESTIC WASTEWATER FACILITY PERMIT

A. This subsection provides the application requirements for renewal of a permit for a domestic 

wastewater facility, except for collection and transmission systems which are permitted under 

Chapter 62-604, F.A.C.

B. The applicant and his professional engineer shall provide the certifications required in DEP 

Forms 62-620.910(1) and (2).

C. The application shall include:

1. The most recent capacity analysis report, if required by Chapter 62-600, F.A.C.; 

2. An operation and maintenance performance report pursuant to Chapter 62-600, F.A.C.;

3. A process flow diagram showing the current status and current capacity of the facility;

4. A site plan showing the current operations and unit processes;

5. For a facility that uses land application as a method of residuals disposal, if applicable, 

an updated Agricultural Use Plan or Dedicated Site Plan as described in Chapter 62-640, 

F.A.C.; 

6. For a facility discharging into surface waters, the results of valid whole effluent 
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Effective July 9, 2006

biological toxicity testing if the treatment works has:

a) A design influent flow equal to or greater than 1 MGD;

b) An approved pretreatment program, or is required to develop a pretreatment 

program; or

c) Received notification from the Department as described in 2.;

or, the results of valid whole effluent biological toxicity testing if:

d) The variability of the pollutants or pollutant parameters in the effluent indicated by 

chemical-specific information, the type of treatment facility, and types of industrial 

contribution to the influent of the treatment works;

e) The dilution of the effluent in the receiving water indicated by the ratio of the 

effluent flow to the receiving water flow;

d) Existing controls on point or non-point sources, including total maximum daily 

load calculations for the water body segment and the relative contribution of the 

treatment works;

e) The characteristics of the receiving waters including possible or known water 

quality impairment and whether the treatment works discharge to a coastal waters or 

Outstanding Florida Waters; and

f) Site-specific considerations including the history of toxic impact or compliance 

problems at the treatment works which the Department determines could cause or 

contribute to adverse water quality impacts.

7. For a facility discharging into ground waters and having a permitted capacity of 100,000 

GPD or greater, a Reclaimed Water or Effluent Analysis Report required in Chapter 62-601, 

F.A.C.; and

8. For a facility discharging into an underground injection control system, the results of 

mechanical integrity tests in accordance with Chapter 62-528, F.A.C. 

D. For a project involving the discharge of reclaimed water or effluent onto property not owned 

or under the direct control of the permittee, the application shall include a binding agreement, 

between the applicant and the property owner, generally for the term of the useful life of any 

treatment, reuse, or disposal facility, to ensure adequate operation and maintenance of a facility. 

For a reuse project permitted under part III of Chapter 62-610, F.A.C., the permittee shall submit 

documentation of controls on individual users of reclaimed water as set forth in Chapter 62-610, 

F.A.C.

E. For a wastewater facility with an approved pretreatment program, the applicant shall provide 

the Department with a written technical evaluation of the need to revise local limits in 

accordance with Chapter 62-625, F.A.C.
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Effective July 9, 2006

F. In accordance with section 403.064, F.S., if the project is located in an area that has been 

designated as a water resource caution area by the Water Management District, a reuse feasibility 

study as set forth in Rule 62-610.820, F.A.C., shall be submitted with the application.

NEW OR EXISTING DEMINERALIZATION CONCENTRATE DISCHARGES

A. This subsection provides the requirements for an application for a permit to discharge 

demineralization concentrate. Application for a new permit, renewal of an existing permit, or a 

substantial permit revision shall be made on DEP Form 62-620.910(1) ("Form 1, General 

Information") and DEP Form 62-620.910(18) ("Form 2DC, Application for a Permit to 

Discharge Demineralization Concentrate"). Application for a minor permit revision shall be 

made on Form 1 and DEP Form 62-620.910(9) ("Application for Minor Revision to a 

Wastewater Facility or Activity"). Applicants should refer to Rules 62-620.625(6) and 62-

4.244(3)(d), F.A.C., for specific requirements applicable to discharge of demineralization 

concentrate.

B. Applicants are strongly urged to meet with Department permitting staff during the 

development of the information that will be submitted in support of the permit application.

C. Surface water modeling by the applicant should include the following:

(1) Characterization of the physical outfall and ambient conditions sufficient to conduct 

preliminary modeling will be required. This would include information such as outfall 

location with respect to the shoreline, depth of water at low tide, height of port off the 

bottom, port diameter, orientation of the port with respect to the water column (vertical, 

horizontal, etc.), orientation of port with respect to the shoreline (perpendicular, parallel 

etc.). Seasonal density profiles of the effluent and area in the vicinity of the outfall, 

including an evaluation of the potential for the receiving water to be stratified.

(2) For marine waters or estuaries, an examination of the receiving water salinity and 

temperature data should be conducted to determine the potential for stratification. If there 

is a potential for stratification to occur, an evaluation of its effect on the requested mixing 

zones will be necessary. Worst case re-entrainment or “build-up” due to tidal reversals 

must also be addressed. The actual data used in the analysis, any calculations, as well as 

the results should be provided for Department review.

(3) Applicants should consult with District permitting Staff and the Watershed Assessment 

Section for specific modeling guidance.

D. The Department does not require bench-scale or pilot-scale testing for permitting 

demineralization concentrate discharge. The Applicant may conduct such testing, however, at its 

own discretion. New facilities, as part of the application package, may provide a desktop 

engineering analysis with backup calculations demonstrating that the treatment system can meet 

water quality standards. The analysis should address influent water quality, removal efficiencies 

for each unit process, effluent characteristics, and other appropriate engineering data used to 

develop design criteria for the system.
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Effective July 9, 2006

E. Source water quality characterization is necessary for the engineering design of 

demineralization systems, evaluation of demineralization concentrate discharge characteristics, 

and identification of appropriate discharge monitoring parameters. Therefore, Applicants must 

provide acceptable source water characterization as part of DEP Form 2DC, Application for a 

Permit to Discharge Demineralization Concentrate. Applicants should consult with District 

permitting Staff regarding source water data before submitting an application.

F. Sampling and monitoring data shall be collected and analyzed in accordance with 40 CFR 

136, Rule 62-4.246, F.A.C, and Chapter 62-160, F.A.C.

G. The following section contains items for implementing the toxicity related provisions of 

Section 403.0882, F.S., and Rules 62-620.625(6)(c) and (d), F.A.C., which apply to surface water 

discharge, but do not apply to groundwater discharge. 

General Provisions

1. Facilities permitted under Rule 62-620.625(6)(c), F.A.C., will not be required to seek a 

variance for acute toxicity where they meet the provisions outlined in Section 403.0882, F.S. 

The provisions of Section 403.0882(4), F.S., apply to all facilities that discharge 

demineralization concentrate to waters of the state where the failure of a whole effluent 

toxicity test is predominantly due to naturally occurring constituents in a source water and 

where ionic imbalance is demonstrated pursuant to Rule 62-4.244(3)(d), F.A.C.

2. It is expected that both the larger and small water utility businesses will need to provide basic 

effluent characterization as part of the permit application process. Accordingly, it is expected 

that an ion characterization for the proposed discharge for the following parameters would be 

appropriate: calcium, magnesium, potassium, sodium, chloride, bromide, sulfate, alkalinity, 

specific conductivity/salinity, carbonate, and fluoride. Also, it is expected that a wastewater 

characterization for the parameters listed in Section 403.086(4), F.S., (CBOD, total 

suspended solids, total nitrogen, total phosphorus, and fecal coliforms) should be provided 

for the small water utility businesses based on the provision in Section 403.0882(6)(a)1., F.S.

Discharge Size Dependent Provisions

I. SMALL WATER UTILITY BUSINESSES DISCHARGING CONCENTRATE OF LESS 

THAN 50,000 GPD:

1. For small water utility businesses, the permit application should provide sufficient 

information to provide reasonable assurance that the discharge will meet the presumption of 

allowability and permittability requirements of Section 403.0882(6), F.S. 
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Effective July 9, 2006

2. When Department performed toxicity testing or the permit application shows that a small 

water utility business cannot meet the acute toxicity requirements of paragraph 62-

4.244(3)(a), F.A.C., (i.e., LC50>100% effluent) due to naturally occurring constituents in the 

source water, as specified in Section 403.0882(4)(a), F.S., the application should include the 

following information: 

a. Discharge rate and location information to demonstrate whether the facility has sufficient 

mixing to achieve a 4:1 dilution in a distance equal or less than 2 times (2x) the water 

depth; and 

b. Discharge information indicating whether it is expected that the discharge will be able to 

meet acute toxicity requirements within the 4:1 dilution mixing zone, as described in 

Rule 62-4.244(3)(d)2., F.A.C. Under the rule, an applicant can provide reasonable 

assurance by demonstrating that a 20% dilution of the effluent does not cause any more 

than 50% mortality in 96 hours (96-hr LC50), in an appropriate species. Toxicity testing 

for this purpose may be conducted at the time of a new permit application, renewal, or 

modification.

II. LARGER DEMINERALIZATION CONCENTRATE DISCHARGES OF 50,000 GPD 

OR MORE:

1. When toxicity testing shows that a demineralization discharge of 50,000 gpd or more cannot 

meet the acute toxicity requirements of paragraph 62-4.244(3)(a), F.A.C., (i.e., LC50>100% 

effluent) and the Applicant wishes to shoe that the toxicity is due to ionic imbalance, then the 

application should include the following information: 

a. The results of the MSIIT Protocol (Major Seawater Ion Imbalance Toxicity) shall be 

included in Form 2DC; and 

b. Discharge rate and location information to indicate the dilution available for mixing in a 

distance equal or less than 2 times (2x) the water depth, as prescribed by Section 

403.0882(4)(b), F.S.; and

c. Based on items II.1.a. and b., above, information indicating whether the discharge is 

expected to meet the acute toxicity requirements within the allowable mixing zone 

pursuant to Rule 62-4.244(3)(d), F.A.C. For example, a permittee could demonstrate 

the ability to meet this requirement by conducting an acute toxicity test using an effluent 

fraction equivalent to the available dilution or by providing similar information from 
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Effective July 9, 2006

representative membrane performance, design studies, and/or source water evaluations.

2. The facility would also be required to meet the chronic toxicity provisions in Chapter 62-302, 

F.A.C., by demonstrating the ability to be approved for a chronic toxicity mixing zone.

3. Facilities that cannot meet the mixing zone provisions in Rule 62-4.244(3)(d), F.A.C. are 

encouraged to discuss permitting options with the Department District office.

ADDITIONAL APPLICATION AND PERMIT REQUIREMENTS FOR SPECIFIC 

FACILITIES OR ACTIVITIES

A. For a project involving reuse of reclaimed water, use of wetlands for treatment and disposal

of domestic wastewater, or underground injection of reclaimed water or effluent, additional 

application and permit requirements are contained in Chapters 62-610, 62-611, and 62-528, 

F.A.C., respectively.

B. For construction of a domestic wastewater collection and transmission system, application 

and permit requirements are contained in Chapter 62-604, F.A.C.

C. For a project involving discharges of wastes into surface waters, additional application 

requirements are contained in Rule 62-4.242, F.A.C.
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Effective July 9, 2006

SECTION IV: ADDITIONAL INFORMATION ON PERMITTING

COORDINATION WITH THE U.S. ARMY CORPS OF ENGINEERS AND OTHER 

GOVERNMENT AGENCIES

U. S. ARMY CORPS OF ENGINEERS

A. If during the comment period for a draft permit for a discharge regulated pursuant to section 

403.0885, F.S., the District Engineer of the U.S. Army Corps of Engineers advises the 

Department in writing that anchorage and navigation of any of the waters of the United States 

would be substantially impaired by the granting of a permit, the permit shall be denied and the 

applicant so notified.

B. If during the comment period for a draft permit for a discharge regulated pursuant to section 

403.0885, F.S., the District Engineer advises the Department that imposing specified conditions 

upon the permit is necessary to avoid any substantial impairment of anchorage or navigation, 

then the Department shall include the specified conditions in the permit.

C. Under 40 CFR 124.59, review of the District Engineer's decision shall be made through the 

applicable procedures of the U.S. Army Corps of Engineers. If the conditions are stayed by a 

court of competent jurisdiction or by applicable procedures of the U.S. Army Corps of Engineers, 

those conditions shall be considered stayed in the Department permit for the duration of that stay.

U. S. FISH AND WILDLIFE SERVICE

NATIONAL MARINE FISHERIES SERVICE

If during the comment period the U.S. Fish and Wildlife Service, the National Marine 

Fisheries Service or any other State agency with jurisdiction over fish, wildlife, or public health 

advises the Department in writing that the imposition of specified conditions upon the permit is 

necessary to avoid substantial impairment of fish, shellfish, or wildlife resources, the Department 

shall include the specified conditions in the permit if necessary to meet the requirements of 

Chapter 62-620, F.A.C.

PREPARATION OF A STATEMENT OF BASIS OR A FACT SHEET

A. The Department shall prepare and make available to any person requesting it a fact sheet for 

the following applications for discharges of wastes into waters regulated pursuant to section 

403.0885, F.S.:
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Effective July 9, 2006

1. major facilities or activities;

2. generic permits;

3. draft permits that incorporate a variance; and

4. draft permits for facilities or activities of wide-spread public interest or that raise major 

issues.

B. A fact sheet shall include, when applicable:

1. A brief description of the type of facility or activity which is the subject of the draft 

permit;

2. The type and quantity of wastes, liquids, or pollutants which are proposed to be or are 

being treated, stored, disposed of, injected, emitted, or discharged;

3. A brief summary of the basis for the draft permit conditions including references to 

applicable statutory or regulatory provisions and appropriate supporting references to the 

administrative record of the permit;

4. Reasons why any requested variances or alternatives to required standards do or do not 

appear justified;

5. A description of the procedures for reaching a final decision on the draft permit, 

including

a) The beginning and ending dates of the public comment period and the address 

where comments will be received,

b) Procedures for requesting a hearing and the nature of that hearing, and

c) Any other procedures by which the public may participate in the final decision;

6. Name and telephone number of a person to contact for additional information;

7. Any calculations or other necessary explanation of the derivation of specific effluent 

limitations and conditions, including a citation to the applicable effluent limitation guideline 

or performance standard, and reasons why they are applicable or an explanation of how 

alternative effluent limitations were developed;

8. An explanation of the reasons why the conditions that contain limitations to control 

toxic pollutants, on internal waste streams, on indicator pollutants, or that were set on a caseby-case basis under Rules 62-620.620 or 62-620.625, F.A.C., are applicable;
27

Effective July 9, 2006

9. For every permit to be issued to a treatment works owned by a person other than the 

State or a municipality, an explanation of the Department's decision on the regulation of 

significant industrial users if pretreatment is necessary;

10. A sketch or detailed description of the location of the discharge or regulated activity 

described in the application; and

11. A brief description of the reuse and land application system or residuals land application 

site.

C. The Department shall prepare a statement of basis for every draft permit for which a fact 

sheet is not prepared. When requested, the statement of basis shall be sent to any person. The 

statement of basis shall briefly describe:

1. the proposed facility or activity; and

2. the derivation of the conditions of the draft permit and the reasons for them; or

3. in the case of a denial of a permit, the reasons supporting the decision.

D. After public notice and public meeting, if required, the fact sheet or statement of basis shall 

be revised to include significant public comments and the Department response. 

VARIANCE REQUESTS UNDER THE CLEAN WATER ACT AND 40 CFR

VARIANCE REQUESTS

A. A publicly-owned treatment works may request a variance from otherwise applicable 

effluent limitations under the following provisions:

1. A request for a modification under section 301(h) of the CWA of the requirements of 

section 301(b)(1)(B) of the CWA for discharges into marine waters. Such request must be 

filed in accordance with the requirements of 40 CFR part 125, subpart G.

2. A modification under section 302(b)(2) of the CWA of the requirements of section 

302(a) of the CWA for achieving water quality based effluent limitations. Such 

modification shall be requested no later than the close of the public comment period on the 

permit from which the modification is sought.

B. A facility which is not a publicly-owned treatment works may request a variance from 

otherwise applicable effluent limitations under any of the following provisions:
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Effective July 9, 2006

1. A request for a variance made in accordance with 40 CFR 125 subpart D based on the 

presence of fundamentally different factors from those on which the effluent limitations 

guideline was based.

2. A request for variance from best practicable control technology currently available 

(BPT) shall be filed by the close of the public comment period on the draft permit.

3. A request for variance from best available technology economically achievable (BAT) 

or best conventional pollutant control technology (BCT) shall be filed within 180 days after 

the date on which an effluent limitation guideline is published in the Federal Register.

4. A request for a variance from the BAT requirements of section 301(b)(2)(F) of the 

CWA for non-conventional pollutants pursuant to section 301(c) of CWA because of the 

economic capability of the permittee, or pursuant to section 301(g) of the CWA. However, a 

301(g) variance may only be requested for ammonia, chlorine, color, iron, or total phenols 

(4AAP) (when determined by EPA to be a pollutant covered by section 301(b)(2)(F) of the 

CWA) or any other pollutant which the EPA lists under section 301(g)(4) of the CWA. An 

initial request shall be filed no later than 270 days after promulgation of an applicable 

effluent limitation guideline for guidelines promulgated after December 27, 1977. A 

completed request shall be filed no later than the close of the public comment period on the 

draft permit and shall be filed at least 180 days before a final decision on the permit is to be 

made. A discharger who cannot file a timely complete request required under this paragraph 

may request an extension of time. The Department shall forward the extension request to 

EPA. The extension will be granted or denied by EPA.

5. An extension under section 301(k) of the CWA from the statutory deadline of section 

301(b)(2)(A) of the CWA for best available technology or section 301(b)(2)(E) of the CWA 

for best conventional pollutant control technology, based on the use of innovative 

technology. Such extension may be requested no later than the close of the public comment 

period under Rule 62-620.550, F.A.C., for the discharger's initial permit requiring 

compliance with the CWA. The request shall be filed in accordance with the requirements 

of 40 CFR 125 subpart C. 

6. A request for a modification under section 302(b)(2) of the CWA of requirements of 

section 302(a) of the CWA for achieving water quality related effluent limitations. The 

request for modification shall be filed no later than the close of the public comment period 

under Rule 62-620.550, F.A.C., on the draft permit from which the modification is sought.

7. A variance under section 316(a) of the CWA for the thermal component of any 

discharge. The variance request must be filed with the application for a permit, except that if

thermal effluent limitations are established under section 402(a)(1) of the CWA or are based 

on water quality standards, the request for a variance may be filed by the close of the public 
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Effective July 9, 2006

comment period on the draft permit. Application for a variance shall be in accordance with 

40 CFR 125 subpart H.

C. The request shall explain how the requirements of the applicable regulatory or 

statutory criteria have been met.

VARIANCE PROCEDURES

A. The Department shall grant or deny requests for the following variances subject to EPA 

objection under 40 CFR 123.44:

1. Extensions under section 301(k) of the CWA based on the use of innovative technology 

in accordance with the requirements of 40 CFR 125 subpart C, provided the Department has 

consulted during the processing of the application with the Administrator of Region IV, 

EPA;

2. Variances under section 316(a) of the CWA for thermal pollution in accordance with the 

requirements of 40 CFR 125 subpart H.

B. For variances under sections 301(c) and 302(b)(2) of the CWA, the Department shall review 

the request in accordance with the requirements of each section and deny the request or forward 

it to the EPA for approval. If the EPA approves the variance, the Department shall prepare a 

draft permit incorporating the variance. Any public notice of a draft permit for which a variance 

or revision has been approved or denied shall identify the applicable procedures for appealing 

that decision under 40 CFR 124.64.

C. For a variance based on the presence of fundamentally different factors, the Department shall 

review the request in accordance with the requirements of 40 CFR 125 subpart D. For a variance 

under section 301(g) of the CWA, the Department shall review the request in accordance with 

the requirements of that section. The Department shall deny the variance request or forward it to 

the Administrator of EPA with a written concurrence. If the Administrator approves the 

variance, the Department shall prepare a draft permit incorporating the variance. Any public 

notice of a draft permit for which a variance or revision has been approved or denied shall 

identify the applicable procedures for appealing that decision under 40 CFR 124.64.

D. Special procedures for decisions on thermal variances under section 316(a) of the CWA are 

as follows:

1. The only issues connected with issuance of a particular permit on which the Department 

will make a final agency decision before the final permit is issued under Rule 62-620.510, 

F.A.C., are whether alternative effluent limitations would be justified under section 316(a) 

of the CWA and whether cooling water intake structures will use the best available 
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Effective July 9, 2006

technology under section 316(b) of the CWA. Permit applicants who wish an early decision 

on these issues shall request it and furnish supporting reasons at the time their permit 

applications are filed under part II of Chapter 62-620, F.A.C. The Department will then 

decide whether or not to make an early decision in accordance with the requirements of 40 

CFR 125 subpart H. If it is granted, both the early decision on CWA section 316(a) or (b) 

issues and the grant of the balance of the permit shall be considered permit issuance under 

Rule 62-620.510, F.A.C., and shall be subject to the same requirements of public notice and 

comment under Rule 62-620.550, F.A.C., and the same opportunity for an administrative 

hearing under Chapter 120, F.S.

2. If the Department, on review of the administrative record, determines that the 

information necessary to decide whether or not the CWA section 316(a) issue is not likely to 

be available in time for a decision on permit issuance, the Department shall issue the permit 

without the variance or deny the permit under Rules 62-620.320 and 62-620.510, F.A.C. 

This permit shall require achievement of the effluent limitations initially proposed for the 

thermal component of the discharge no later than the date otherwise required by law. 

However, the permit shall also afford the permittee an opportunity to file a demonstration 

under section 316(a) of the CWA after conducting such studies as are required under 40 

CFR part 125, subpart H. A new discharger may not exceed the thermal effluent limitation 

which is initially proposed unless and until its CWA section 316(a) variance request is 

finally approved.

3. Any proceeding held under paragraph (a) of this subsection shall be publicly noticed as 

required by Rule 62-620.550, F.A.C., and shall be conducted at a time allowing the 

permittee to take necessary measures to meet the final compliance date in the event its 

request for modification of thermal limits is denied.

4. Whenever the Department defers the decision under section 316(a) of the CWA, any 

decision under section 316(b) of the CWA may be deferred.