Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-611 - WETLANDS APPLICATION › Section 62-611.600 - Permitting Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person
				who intends to discharge reclaimed water to wetlands shall file an application
				to construct a domestic wastewater treatment and disposal system(s), or file a
				petition for an exemption pursuant to Rule
				 62-600.120, F.A.C., with a
				permit application. Such an application shall be filed using form
				 62-620.910(16),
				F.A.C. The applicant must receive such a permit before construction of the
				wastewater facilities, or for existing wastewater facilities before
				construction of the modifications for discharge to wetlands. Management
				practices proposed by the applicant for the treatment of receiving wetland
				shall be included in the permit application and must be approved by the
				Department before implementation. In addition to meeting the requirements of
				this section, the applicant shall comply with all other applicable rules of the
				Department.
(2) Any person who has
				a Department permit to discharge to wetlands pursuant to Rule
				 62-600.120, F.A.C., shall not be
				regulated pursuant to Chapter 62-611, F.A.C., unless the wastewater treatment
				plant is modified or expanded, or the point of discharge is relocated. After
				the initial period of operation under a permit and exemption issued pursuant to
				Rule  62-600.120, F.A.C., the
				permittee may obtain an operation permit upon demonstration that all permit and
				exemption conditions and the provisions of Rule
				 62-600.120, F.A.C., are being
				met and the discharge does not cause or contribute to violations of water
				quality standards contained in Chapter 62-302, F.A.C., in contiguous and
				downstream waters.
(3) All other
				dischargers of reclaimed water to wetlands within the Department's
				jurisdiction, permitted prior to May 1, 1986, if complying with the conditions
				of the permit, shall comply with the provisions of this section or comply with
				all applicable water quality standards, by May 1, 1991. The Department may
				consider modifications from baseline and operational monitoring requirements
				for these dischargers.
(4) The
				applicant shall obtain sufficient legal interest in the treatment or receiving
				wetland to provide reasonable assurance that the treatment or receiving
				capability will not be adversely affected. Documentation of this legal interest
				shall be submitted to the Department with the application to construct a
				domestic wastewater treatment and disposal system.
(5) The Department shall consider the adverse
				effects of dredging or filling on the treatment or receiving wetland. Minor
				dredging and filling which is associated with the construction of the discharge
				pipe(s) or spreader system or which is necessary for the installation of
				platforms or gauges for monitoring shall be reviewed as part of the application
				to construct a domestic wastewater treatment and disposal system. In reviewing
				any other dredge and fill permit application the Department shall apply the
				permitting criteria of subsection
				 373.414(1),
				F.S., to contiguous and downstream waters and the treatment or receiving
				wetland. The permitting criteria of subsection
				 403.918(1),
				F.S., shall apply to contiguous and downstream waters and the treatment or
				receiving wetland except that the water quality criteria in subsection
				 62-611.500(1),
				F.A.C., shall not apply in the treatment or receiving wetland and the water
				quality criteria in paragraph
				 62-302.530(48)(b),
				F.A.C., shall not apply in hydrologically altered treatment wetlands. The
				Department shall make all reasonable attempts to evaluate the dredge and fill
				permit application concurrently with the application to construct a domestic
				wastewater treatment and disposal system.
(6) The applicant shall provide the
				Department with reasonable assurances that public access to a treatment or
				receiving wetland shall be restricted unless high level disinfection is
				provided. Such reasonable assurances may include, but shall not be limited to
				posting of signs at regular intervals around the boundary of the treatment
				wetland and posting and gating all access roads to the treatment wetland, or
				similar restrictions.
Rulemaking Authority
					 403.061,
					 373.414(4) FS.
					 Law Implemented 403.051,
					 403.061,
					 403.085,
					 403.086,
					 403.087,
					 403.088,
					 373.414(4)
					 FS.
New 11-27-89, Formerly 17-611.600, Amended
					 12-26-96.