Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-4 - PERMITS › Section 62-4.020 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
When used in this chapter, unless the context clearly
				  indicates otherwise, the following words shall mean:
(1) "Annual Average Flow" is the long-term
				harmonic mean flow of the receiving water, or an equivalent flow based on
				generally accepted scientific procedures in waters for which such a mean cannot
				be calculated. For waters for which flow records have been kept for at least
				the last three years, "long-term" shall mean the period of record. For all
				other waters, "long-term" shall mean three years (unless the Department finds
				the data from that period not representative of present flow conditions, based
				on evidence of land use or other changes affecting the flow) or the period of
				records sufficient to show a variation of flow of at least three orders of
				magnitude, whichever period is less. For nontidal portions of rivers and
				streams, the harmonic mean (Qhm) shall be calculated as:
Qhm
=
n
____________________________________
1
+
1
+
1
+
1
+
1
+
...
+
1
Q1
Q2
Q3
Q4
Q5
Qn
in which each Q is an individual flow record and n is the
				  total number of records. In lakes and reservoirs, the annual average flow shall
				  be based on the hydraulic residence time, which shall be calculated according
				  to generally accepted scientific procedures, using the harmonic mean flows for
				  the inflow sources. In tidal estuaries and coastal systems or tidal portions of
				  rivers and streams, the annual average flow shall be determined using methods
				  described in EPA publication no. 600/6-85/002b pages 142-227, incorporated by
				  reference in paragraph
				   62-4.246(9)(k),
				  F.A.C., or by other generally accepted scientific procedures, using the
				  harmonic mean flow for any freshwater inflow. If there are insufficient data to
				  determine the harmonic mean then the harmonic mean shall be estimated by
				  methods as set forth in the EPA publication
Technical Support Document
				  for Water Quality-Based Toxics Control
(March 1991), incorporated by
				  reference in paragraph
				   62-4.246(9)(d),
				  F.A.C., or other generally accepted scientific procedures. In situations with
				  seasonably variable effluent discharge rates, hold-and-release treatment
				  systems, and effluent-dominated sites, annual average flow shall mean modeling
				  techniques that calculate long-term average daily concentrations from long-term
				  individual daily flows and concentrations in accordance with generally accepted
				  scientific procedures.
(2)
				"Approved Analytical Method" shall mean any of the analytical methods approved
				under Chapter 62-160, F.A.C.
(3)
				"Commission" is the State of Florida Environmental Regulation
				Commission.
(4) "Construction
				permit" is the legal authorization granted by the Department to construct,
				expand, modify, or make alterations to any installation and to temporarily
				operate and test such new or modified installations.
(5) "Department" is the State of Florida
				Department of Environmental Regulation or its delegatee as provided in the
				Operating Agreements Concerning Management and Storage of Surface Water
				Regulation and Wetland Resource Regulation adopted by reference in Rule
				62-101.040, F.A.C.
(6)
				"Environmental restoration and enhancement" means activities, other than those
				proposed as mitigation for a permit required under Part IV of Chapter 373,
				F.S., conducted by government, research, education or charitable entities that
				are either not-for-profit or non-profit, that have the sole objective of
				restoring or enhancing water resources, including water quality and the
				functions wetlands and other surface waters provide to fish and wildlife,
				through measures such as: restoring hydrology and water circulation;
				re-establishing native vegetation; or otherwise restoring more desirable
				natural conditions that existed prior to human-induced disturbances.
(7) "Installation" is any structure,
				equipment, facility, or appurtenances thereto, operation or activity which is
				or may be a source of pollution as defined in Chapter 403, F.S. Installation
				includes dredging and filling as these terms are defined in Section
				 403.911, F.S.
(8) "Method Detection Limit (MDL)" is the
				smallest concentration of an analyte of interest that can be measured and
				reported with 99% confidence that the concentration will be greater than zero.
				The MDLs are determined from the analysis of a given matrix containing the
				analyte at a specified level. Determination of MDLs shall follow procedures
				determined in Appendix B to part 136 of  40 CFR, 1990, incorporated here by
				reference, or equivalent procedures complying with Chapter 62-160,
				F.A.C.
(9) "Operation permit" is
				the legal authorization granted by the Department to operate or maintain any
				installation for a specified period of time.
(10) "Permit condition" is a statement or
				stipulation which is issued with a permit and which must be complied
				with.
(11) "Permit" is the legal
				authorization to engage in or conduct any construction, operation,
				modification, or expansion of any installation, structure, equipment, facility,
				or appurtenances thereto, operation, or activity which will reasonably be
				expected to be a source of pollution.
(12) "Practical Quantification Limit (PQL)"
				is the lowest level that can be reliably achieved during routine laboratory
				operating conditions within specified limits of precision and accuracy, as
				reflected in the Department's list of PQLs under subsection
				 62-4.246(4),
				F.A.C., or an alternative level established through equivalent procedures
				complying with Chapter 62-160, F.A.C.
(13) "Secretary" is the Secretary of the
				Department.
(14) "Temporary
				operation permit" is the legal authorization limited to a specified time
				granted by the Department to operate, maintain, construct, modify, expand, or
				make alterations to any installation in accordance with Section
				 403.088, F.S.
(15) "Equivalent Clean Closure" is available
				for interim status land disposal units that certified clean closure under  40
				CFR Part 265  standards prior to March 19, 1987. These facilities must make an
				equivalency demonstration to meet  40 CFR Part 264  closure standards or the
				facility must obtain a closure permit containing post closure
				requirements.
Rulemaking Authority
					 373.026,
					 373.043,
					 373.414,
					 373.418,
					 403.061,
					 403.805 FS. Law Implemented
					  373.109,
					  373.413,
					  373.414,
					  373.4145,
					  403.021,
					  403.031,
					  403.061,
					  403.087,
					  403.088,
					  403.802,
					  403.817 FS.
New 3-4-72, Revised 5-17-72, Amended 6-10-75; Joint
					 Administrative Procedures Committee Objection Filed - See FAR Vol. 1, No. 28,
					 1-12-76; Joint Administrative Procedures Committee Objection Withdrawn - See
					 FAR Vol. 3, No. 30, 7-29-77, Amended 3-11-81, 10-16-84, 12-10-84, Formerly
					 17-4.02, Amended 3-18-86, 8-31-88, 6-4-92, 11-16-92, 7-11-93, Formerly
					 17-4.020, Amended 4-3-03.