Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-560 - REQUIREMENTS FOR PUBLIC WATER SYSTEMS THAT ARE OUT OF COMPLIANCE › Section 62-560.520 - Drinking Water Exemption Request

Current through Reg. 50, No. 138; July 16, 2024
(1) A supplier
				of water may request an exemption from a maximum contaminant level, maximum
				residual disinfectant level, or treatment technique requirement by submitting a
				request in writing to the appropriate Department of Environmental Protection
				District Office or appropriate Approved County Health Department. Any written
				request for an exemption shall include the following information:
(a) The nature and duration of the exemption
				requested.
(b) Relevant analytical
				results of water quality sampling of the public water system, including results
				of relevant tests conducted in accordance with the requirements of Chapter
				62-550, F.A.C.
(c) Explanation of
				the compelling factors, such as time, legal, or economic factors, that prevent
				the public water system from achieving compliance or implementing measures to
				develop an alternative source of water supply. The applicant shall consider the
				availability of an alternative source of water, including the feasibility of
				partnerships with neighboring public water systems as identified by the
				applicant or by the Department consistent with its capacity development
				strategy as described in the February 7, 2001, document entitled
Department of Environmental Protection, Drinking Water Section New
				Systems Capacity Development Program Reference Documents,
which is
				incorporated herein by reference and is available from the Department of
				Environmental Protection, Drinking Water Section, 2600 Blair Stone Road, Mail
				Station 3520, Tallahassee, Florida 32399-2400.
(d) Other information believed by the
				applicant to be pertinent to the application.
(e) A proposed compliance schedule, including
				the date when each step toward compliance will be achieved.
(f) Explanation of why management or
				restructuring changes cannot reasonably be made to achieve compliance or
				improve the quality of the drinking water if compliance cannot be achieved.
				Before finding that management and restructuring changes cannot be made, the
				applicant shall consider the following measures and the availability of federal
				or state financial assistance to implement these measures:
1. Rate increases, accounting changes, the
				appointment of an operator licensed under Chapter 62-602, F.A.C., and
				contractual agreements for joint operation with one or more other public water
				systems,
2. Activities consistent
				with the Department's capacity development strategy (as described in the
				document referenced in paragraph (c), above) to help the public water system
				acquire and maintain technical, financial, and managerial capacity to come into
				compliance; and,
3. Ownership
				changes, physical consolidation with another public water system, or other
				feasible and appropriate means of consolidation that would result in
				compliance.
(g) A plan
				for interim control measures during the effective period of the exemption,
				including a proposed schedule for implementing such measures.
(h) Such other information as needed to
				demonstrate entitlement to an exemption.