Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-625 - PRETREATMENT REQUIREMENTS FOR EXISTING AND OTHER SOURCES OF POLLUTION › Section 62-625.410 - Pretreatment Standards: Categorical Standards

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Pretreatment standards specifying quantities or concentrations of pollutants or
				pollutant properties which have the potential to be discharged in accordance
				with  40 C.F.R. Part 403.6, as of July 1, 2009, hereby adopted and incorporated
				by reference, to a WWF by existing or new industrial users, in specific
				industrial subcategories, are established as separate Federal regulations under
				the appropriate subpart of 40 C.F.R. Chapter I, Subchapter N, parts 405 through
				471. These pretreatment standards, unless specifically noted otherwise, shall
				be in addition to all applicable pretreatment standards and requirements set
				forth in this chapter.
(2) Category
				determination request.
(a) Request deadline.
				Within 60 days after the effective date of a pretreatment standard for a
				subcategory under which an industrial user may be included, the industrial user
				or control authority may request that the Department provide written
				certification on whether the industrial user falls within that particular
				subcategory. If an existing industrial user adds or changes a process or
				operation which may be included in a subcategory, the existing industrial user
				must request this certification prior to commencing discharge from the added or
				changed processes or operation. A new source must request this certification
				prior to commencing discharge. Where a request for certification is submitted
				by a control authority, the control authority shall, at the same time, send a
				copy of the request to any affected industrial user. The industrial user may
				provide written comments on the control authority's request to the Department
				within 30 days of the date of the request.
(b) Contents of request. Each request shall
				contain a statement:
1. Describing which
				subcategories might be applicable; and,
2. Citing evidence and reasons why a
				particular subcategory is applicable and why others are not applicable. Any
				person signing the request shall make the following certification: "I certify
				under penalty of law that this document and all attachments were prepared under
				my direction or supervision in accordance with a system designed to assure that
				qualified personnel properly gather and evaluate the information submitted.
				Based on my inquiry of the person or persons who manage the system, or those
				persons directly responsible for gathering the information, the information
				submitted is to the best of my knowledge and belief, true, accurate, and
				complete. I am aware that there are significant penalties for submitting false
				information, including the possibility of fine and imprisonment for knowing
				violations."
(c)
				Deficient requests. The Department shall only act on written requests for
				determinations that contain all of the information required. Persons who have
				made incomplete submissions will be notified by the Department that their
				request is deficient. If the deficiency is not corrected within 30 days of the
				date of the notification, the request for a determination shall be
				denied.
(d) Final decision.
1. Upon receipt of a complete request, the
				Department shall consider the submission, any additional evidence that may have
				been requested, and any other available information relevant to the request.
				The Department shall then make a written determination of the applicable
				subcategory and state the reasons for the determination.
2. The Department shall forward the
				determination to the EPA Water Management Division Director. The EPA Water
				Management Division Director may waive receipt of these determinations. If the
				EPA Water Management Division Director does not modify the Department's
				decision within 60 days after receipt thereof, or if the EPA Water Management
				Division Director waives receipt of the determination, the Department's
				decision is final.
3. Where the EPA
				Water Management Division Director elects to modify the Department's decision,
				the decision shall be forwarded to the Department. The Department shall adopt
				the modified decision as its final determination.
4. The Department shall send a copy of the
				final determination to the affected industrial user and the control
				authority.
(e) Requests
				for administrative hearing. Within 14 days following the date of receipt of the
				copy of the final determination as provided for by subparagraph (d)4., above,
				the industrial user or control authority may submit a petition for
				administrative hearing under Section
				 120.57, F.S., to reconsider or
				contest the decision.