reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-611 - WETLANDS APPLICATION › Section 62-611.700 - Monitoring Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) To ensure
				compliance with water quality standards and to establish a data base upon which
				to evaluate the design criteria and the performance of the treatment or
				receiving wetland, a monitoring program shall be required. Data to be collected
				shall include but not be limited to parameters, stations, and frequency as
				listed in Tables 1, 2, and 3. After three years of operation, the permittee may
				request a modification in the parameters and frequency of the monitoring
				program based on a demonstration that there is an adequate data base to predict
				future trends in the effects of the discharge of reclaimed water on the
				wetland. The proposed monitoring plans, using scientifically accepted
				methodology and appropriate quality assurance, shall be submitted to the
				Department. The Department shall approve or deny the plan within 45 days of
				receipt of all necessary information. Upon Department approval of the plan and
				format for data reporting, baseline monitoring may begin.
(2) Upon Department approval of the plan and
				format for data reporting an application to construct a domestic wastewater
				treatment and disposal system may be filed. Before discharge of reclaimed water
				to a treatment or receiving wetland begins, the applicant shall complete a
				baseline monitoring program to determine background conditions. The department
				shall utilize baseline monitoring data to evaluate whether the discharge from a
				treatment or receiving wetland will exceed the limits established pursuant to
				Rule  62-611.450, F.A.C. The
				Department may determine that an application to construct a domestic wastewater
				treatment and disposal system is complete prior to completion of the baseline
				monitoring program if, pursuant to subsections
				 62-4.070(1)  and
				 62-302.300(5),
				F.A.C., reasonable assurance is provided by the applicant that the discharge
				from the treatment or receiving wetland will not cause or contribute to
				violations of water quality criteria contained in Chapter 62-302, F.A.C., in
				contiguous and downstream waters. If baseline monitoring data indicate the
				discharge from the treatment or receiving wetland may exceed the limits
				established in Rule  62-611.450, F.A.C., Water
				Quality Based Effluent Limitations (WQBEL) must be established pursuant to Rule
				 62-600.430, F.A.C. Any WQBEL
				shall be incorporated as a permit condition.
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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
					 17-611.700.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.300 - General Prohibitions

Current through Reg. 50, No. 138; July 16, 2024
(1) No person
				shall discharge wastes to waters without a permit from the Department, unless
				exempted by Department rule or statute.
(2) No wastewater facility or activity which
				discharges wastes into waters or which will reasonably be expected to be a
				source of water pollution shall be operated, constructed, or modified without
				an appropriate and valid permit issued by the Department, unless exempted by
				Department rule. However, the exemption provided in paragraph
				 62-4.040(1)(b),
				F.A.C., shall not apply to discharges of wastes into surface waters regulated
				under this chapter pursuant to Section
				 403.0885, F.S.
(3) No discharge of wastes shall commence
				before a permit is obtained. Except as otherwise provided in paragraphs (a) and
				(b), the Department permit shall be obtained before commencement of
				construction or modification of the wastewater facility or activity.
(a) For a wastewater facility or activity
				permitted to discharge wastes into surface waters under this chapter pursuant
				to Section  403.0885, F.S., only the portion
				of the proposed construction or modification of the wastewater facility or
				activity that relates solely to a discharge of wastes into surface water may be
				constructed or modified before a permit is issued.
1. Any portion of the wastewater facility or
				activity which relates to the discharge of wastes into ground water, or which
				relates to reuse or disposal of reclaimed water shall not be constructed or
				modified without a wastewater permit.
2. A wastewater permit revision shall be
				obtained before modifications begin on any part of the facility or activity
				which will be in operation during the modification.
3. For modifications which relate solely to
				the discharge of wastes into surface water and which will only affect the
				treatment works or the quantity, nature or quality of the discharge when placed
				in operation, a permit revision shall be obtained before placing the
				modifications in operation.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.301 - General Provisions

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person
				intending to discharge wastes into waters shall apply to the Department for the
				appropriate permit required by this chapter.
(2) For purposes of enforcement, compliance
				with a permit issued under this chapter constitutes compliance with the
				applicable provisions of Chapter 403, F.S. However, the Department shall not be
				precluded from instituting enforcement actions as indicated in subsection
				 62-650.300(4),
				F.A.C. For purposes of enforcement, compliance with a permit issued under this
				chapter pursuant to the authority of Section
				 403.0885, F.S., constitutes
				compliance with sections 301, 302, 306, 307, 318, 402 and 403 of the Clean
				Water Act, except for:
(a) Any effluent
				standards and prohibitions for toxic pollutants imposed under 40 C.F.R. Part
				129 ; and,
(b) Standards for
				residuals use or disposal under  40 C.F.R. Part 503.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.302 - Confidentiality of Information

Current through Reg. 50, No. 138; July 16, 2024
(1) In
				accordance with Chapter 119, F.S., all information and documents submitted to
				the Department with an application are considered to be public information and
				as such are available for reading and copying. However, applicants for permits
				under Section  403.088, F.S., may make a claim
				of confidentiality pursuant to Section
				 403.111, F.S., and applicants
				for permits under Section
				 403.0885, F.S., may make a claim
				of confidentiality under 40
				C.F.R. 122.7. In both instances, an applicant
				may claim as confidential any information which relates to secret processes or
				secret methods of manufacture or production, or which relate to costs of
				production, profits or other financial information which is otherwise not
				public record. The applicant may consult with the Department before submitting
				information which may be confidential.
(2) No claim of confidentiality may be made
				for the name and address of any permit applicant or permittee, permit
				applications, permits or effluent data.
(3) No claim of confidentiality may be made
				for information submitted on the application forms themselves or any
				attachments used to supply information required by the forms.
(4) If a claim of confidentiality is made in
				accordance with  40 C.F.R. 2, it must be made at the time of submission and by
				stamping "confidential business information" on each page containing such
				information.
(5) The Department
				shall, subject to notice and opportunity for hearing under Section
				 120.57, F.S., determine whether
				the information, as requested, complies with subsections (1) and (4). of this
				rule, and should be kept confidential.
Rulemaking Authority
					 403.061,
					 403.111,
					 403.8055 FS. Law Implemented
					 403.061,
					 403.087,
					 403.088,
					 403.0885,
					 403.111
					 FS.
New 11-29-94.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.305 - Signatories to Permit Applications and Reports

Current through Reg. 50, No. 138; July 16, 2024
(1) All permit
				applications under this chapter shall be signed as follows:
(a) For a corporation, a responsible
				corporate officer shall sign all applications for permit. A responsible
				corporate officer is considered to be:
1. A
				president, secretary, treasurer, or vice president of the corporation in charge
				of a principal business function, or any other person who performs similar
				policy- or decision-making functions for the corporation, or
2. The manager of one or more manufacturing,
				production or operating facilities employing more than 250 persons or having
				gross annual sales or expenditures exceeding $25, 000, 000.00 million (in
				second-quarter $1, 980.00 dollars), if authority to sign documents has been
				assigned or delegated to the manager in accordance with corporate
				procedures.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.325 - Revisions to Permit Conditions

Current through Reg. 50, No. 138; July 16, 2024
(1) Substantial
				revisions.
(a) For good cause and after notice
				and, if requested, an administrative hearing pursuant to Section
				 120.57, F.S., the Department
				shall require the permittee to conform to new or additional permit conditions.
				The Department shall allow the permittee a reasonable time to conform to the
				new or additional conditions. In determining what is a reasonable time to
				conform to new or additional permit conditions, the Department shall consider:
1. The extent of construction or other work
				necessary to come into conformance,
2. Any site-specific conditions affecting the
				time to come into conformance; and,
3. Any other matters affecting time to come
				into conformance based on professionally accepted engineering or scientific
				practices.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.335 - Renewals

Current through Reg. 50, No. 138; July 16, 2024
(1) A permittee shall submit an application
				to renew an existing permit at least 180 days before the expiration date of the
				existing permit or as otherwise specified in the generic permit issued under
				Chapter 62-621, F.A.C.
(2) The
				permittee shall apply on the appropriate form listed in Rule
				 62-620.910, F.A.C., and in the
				manner established in the Department of Environmental Protection Guide to
				Permitting Wastewater Facilities or Activities Under Chapter 62-620 or 62-621,
				F.A.C., including submittal of the appropriate processing fee set forth in Rule
				 62-4.050, F.A.C.
(3) An application filed in accordance with
				subsections (1) and (2), of this rule, shall be considered timely and
				sufficient. When an application for renewal of a permit is timely and
				sufficient, the existing permit shall not expire until the Department has taken
				final action on the application for renewal or until the last day for seeking
				judicial review of the agency order or a later date fixed by order of the
				reviewing court.
(4) The late
				submittal of a renewal application shall be considered timely and sufficient
				for the purpose of extending the effectiveness of the expiring permit only if
				it is submitted and made complete before the expiration date.
(5) The following are causes for denying a
				permit renewal:
(a) Violation by the permittee
				of any condition of the permit;
(b)
				The permittee's failure in the application or during the permit issuance
				process to disclose fully all relevant facts, or the permittee's
				misrepresentation of any relevant facts at any time;
(c) A determination that the permitted
				activity endangers human health or the environment and can only be regulated to
				acceptable levels by permit termination;
(d) A change in any condition that requires
				either a temporary or permanent reduction or elimination of any discharge, any
				domestic wastewater reuse or disposal system, or any domestic residuals use or
				disposal practice controlled by the permit;
(e) Failure to submit required information or
				required fees;
(f) Failure to pay
				annual fees or penalty assessments for noncompliance, or
(g) After review of the application and the
				information on monitoring and monthly reports, the Department determines that
				the applicant has not provided reasonable assurance that the wastewater
				facility or activity will be operated in accordance with Chapter 403, F.S., and
				applicable Department rules.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.340 - Transfer of Permit

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as provided in subsection (2), of
				this rule, a permit may be transferred by the existing permittee to a proposed
				permittee only if the permit has been revised in accordance with subsection
				 62-620.325(1),
				F.A.C., to identify the proposed permittee and to incorporate other applicable
				statutory or rule requirements in effect at the time of revision or if the
				permit has been revoked and reissued.
(2) As an alternative to transfers under
				subsection (1), of this rule, and subject to subsection (3), below, a permit
				shall be automatically transferred to a new permittee if:
(a) The existing permittee notifies the
				Department on DEP Form
				 62-620.910(1),
				and DEP Form  62-620.910(11) 
				at least 30 days in advance of the proposed transfer date;
(b) The notification of a transfer includes a
				written agreement between the existing permittee and the proposed permittee
				containing a specific date for the transfer of permit responsibility, coverage,
				and liability between them; and,
(c) Within 30 days of receipt of the
				notification of the transfer, the Department does not serve notice to the
				existing permittee and the proposed permittee that it intends to revise, under
				subsection (1), of this rule, the permit or to deny the transfer, or that
				additional information is required to adequately review the transfer
				request.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.345 - Suspension and Revocation

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				following are causes for suspending, revoking, or terminating any permit issued
				by the Department under this chapter. The Department finds:
(a) That the permit holder or his agent
				submitted false or inaccurate information in his application for a permit under
				this chapter or operational reports required by a permit under this
				chapter;
(b) That the permit holder
				or his agent has violated the applicable provisions of Chapter 403, F.S., or
				Department rules regulating wastewater facilities or activities, or has
				violated Department orders or permit conditions related to the wastewater
				facility or activity;
(c) That the
				permit holder or his agent has failed to submit operational reports or other
				information required by Department rules for the wastewater facility or
				activity;
(d) That the permit
				holder or his agent has refused lawful inspection of the wastewater facility or
				activity under Section
				 403.091, F.S., and subsection
				 62-620.610(9),
				F.A.C.;
(e) That the permitted
				wastewater facility or activity endangers human health or the environment and
				can only be regulated to acceptable levels by permit termination, or
(f) That a change in any condition requires
				either a temporary or permanent reduction or elimination of any discharge of
				effluent, reclaimed water, industrial sludge or residuals use or disposal
				practice controlled by the permit, such as plant closure or termination of
				discharge by connection to another permitted facility.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.350 - Recordkeeping

Current through Reg. 50, No. 138; July 16, 2024
Unless the permit specifically indicates an alternative
				  location, the permittee shall maintain the following records on the site of the
				  permitted facility or activity and make them available for inspection:
(1) Records of all compliance monitoring
				information, including all calibration and maintenance records and all original
				strip chart recordings for continuous monitoring instrumentation, including, if
				applicable, a copy of the laboratory certification showing the certification
				number of the laboratory, for at least three years from the date the sample or
				measurement was taken;
(2) Copies
				of all reports, other than those required in subsections (1), (4) and (9), of
				this rule, required by the permit for at least three years from the date the
				report was prepared;
(3) Records of
				all data, including reports and documents, used to complete the application for
				the permit for at least three years from the date the application was
				filed;
(4) Monitoring information,
				including a copy of the laboratory certification showing the laboratory
				certification number, related to the residuals use and disposal activities for
				the time period set forth in Chapter 62-640, F.A.C., or for at least three
				years from the date of sampling or measurement;
(5) A copy of the current permit;
(6) A copy of the current operation and
				maintenance manual as required by Chapter 62-600, F.A.C.;
(7) A copy of any required record
				drawings;
(8) Copies of the
				licenses of the current certified operators if the facility is required by
				Chapter 62-699, F.A.C., to have certified operators; and,
(9) Copies of the logs and schedules showing
				plant operations and equipment maintenance for three years from the date on the
				logs or schedules.
Rulemaking Authority
					 403.061,
					 403.087 FS. Law Implemented
					 403.061,
					 403.087,
					 403.088,
					 403.0885
					 FS.
New 11-29-94, Amended 12-24-96,
					 10-23-00.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.400 - Permit Application Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061,
					 403.087 FS. Law Implemented
					 403.051,
					 403.061,
					 403.087,
					 403.088,
					 403.0885
					 FS.
New 11-29-94, Amended 12-24-96, 10-23-00, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.550 - Public Notice

Current through Reg. 50, No. 138; July 16, 2024
(1) Public notice under Chapter 120, F.S.,
				and subsection  62-110.106(7),
				F.A.C., advising the applicant and all affected persons of their right to an
				administrative hearing shall be given as follows:
(a) Public notice shall be required for all
				permits for new or substantially modified facilities and those facilities
				described in subparagraph
				 62-110.106(7)(a) 
				1., F.A.C.;
(b) Notice shall be
				given in accordance with subsection
				 62-110.106(7),
				F.A.C.; and,
(c) If the applicant
				is also required to give notice under subsections (2) through (4), of this
				rule, the notice required in this subsection shall be given following the
				preparation of a proposed permit under subsection
				 62-620.510(18),
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.555 - Public Comments and Requests for Public Meetings

Current through Reg. 50, No. 138; July 16, 2024
(1)
				During the public comment period provided in Rule
				 62-620.550, F.A.C., any
				interested person may submit written comments on the draft permit or may
				request a public meeting, if no public meeting has been scheduled.
(2) A request for a public meeting shall be
				in writing and shall state the nature of the issues proposed to be raised in
				the meeting.
(3) All significant
				comments, both written to the Department and presented at a public meeting,
				shall be considered in making the final decision and shall be answered when a
				final permit is issued. The response shall be available to the public and
				shall:
(a) Specify which provisions, if any,
				of the draft permit have been changed in the final permit decision, and the
				reasons for the change; and,
(b)
				Briefly describe and respond to all significant comments on the draft permit
				raised during the public comment period or during any public
				meeting.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.625 - Additional Conditions Applicable to Specific Categories of Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) Existing manufacturing, commercial,
				mining, and silvicultural wastewater facilities or activities that discharge
				into surface waters shall notify the Department as soon as they know or have
				reason to believe:
(a) That any activity has
				occurred or will occur which would result in the discharge, on a routine or
				frequent basis, of any toxic pollutant which is not limited in the permit, if
				that discharge will exceed the highest of the following levels:
1. One hundred micrograms per liter,
2. Two hundred micrograms per
				liter for acrolein and acrylonitrile; five hundred micrograms per liter for 2,
				4-dinitrophenol and for 2-methyl-4, 6-dinitrophenol; and one milligram per
				liter for antimony,
3. Five times
				the maximum concentration value reported for that pollutant in the permit
				application, or
4. The level
				established in the permit by the Department that exceeds the levels in
				subparagraphs (a)1., 2., and 3., of this rule. The level established in the
				permit shall not exceed the technology-based treatment requirements appropriate
				to the permittee established in Chapter 62-660, F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.705 - Procedures for General Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) A general
				permit shall be issued upon adoption as a rule and shall be modified by rule
				revision or revoked by repeal of the rule.
(2) The procedures to obtain and use a
				general permit under Section
				 403.814, F.S., are set forth in
				Part III of Chapter 62-4, F.A.C.
(3) Any person complying with the
				requirements of a general permit may use the permit 30 days after giving notice
				to the Department without any agency action. When no agency action is taken,
				unless the Department or the applicant publishes notice of the application, the
				provisions of Chapter 120, F.S., granting to affected parties the right to an
				administrative hearing do not apply.
Rulemaking Authority
					 403.814 FS. Law Implemented
					 403.061,
					 403.087,
					 403.088,
					 403.0885,
					 403.814
					 FS.
New 11-29-94, Amended
					 10-23-00.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.710 - Procedures for All Generic Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) A generic
				permit shall be issued upon adoption as a rule under Chapter 62-621, F.A.C.,
				and shall be modified by rule revision or revoked by repeal of the
				rule.
(2) As an alternative to
				individual permits, the Department may promulgate by rule a generic permit to
				regulate a category of wastewater facilities or activities. The Department
				shall issue a generic permit to regulate such a category of wastewater
				facilities or activities only if they all:
(a)
				Involve the same or substantially similar types of operations;
(b) Discharge the same types of wastes or
				engage in the same types of residuals or industrial sludge use or disposal
				practices;
(c) Require the same
				effluent limitations, operating conditions, or standards for residuals or
				industrial sludge use or disposal; and,
(d) Require the same or similar
				monitoring.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.715 - Conditions for All General and Generic Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.087,
					 403.0885,
					 403.814 FS. Law Implemented
					 403.061,
					 403.087,
					 403.088,
					 403.0885,
					 403.814
					 FS.
New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04,
					 Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-620 - WASTEWATER FACILITY AND ACTIVITIES PERMITTING › Section 62-620.800 - Variances for Discharges Regulated Pursuant to Section 403.0885, F.S.

Current through Reg. 50, No. 138; July 16, 2024
(1) Variances under Section 301(h) of the CWA
				from the requirements of Section 301(b)(1)(B) of the CWA shall be in accordance
				with the requirements of     40 C.F.R. Part 125, subpart G.
(2) Variances under Section 302(b)(2) of the
				CWA from the requirements of Section 302(a) of the CWA for achieving water
				quality based effluent limitations.
(3) Variances based on the presence of
				fundamentally different factors from those on which the effluent limitations
				guideline was based shall be in accordance with 40 C.F.R. Part 125, subpart
				D.
(4) Variances from the BAT
				requirements of Section 301(b)(2)(F) of the CWA for non-conventional pollutants
				pursuant to Section 301(c) of the CWA because of the economic capability of the
				permittee, or pursuant to Section 301(g) of the CWA.
(5) Variances extending compliance dates for
				facilities installing innovative technology under Section 301(k) of the CWA
				shall be in accordance with 40 C.F.R. Part 125, subpart C.
(6) Variances under Section 302(b)(2) of the
				CWA from requirements of Section 302(a) of the CWA for achieving water quality
				related effluent limitations.
(7)
				Variances under Section 316(a) of the CWA for thermal components of any
				discharges shall be in accordance with 40 C.F.R. Part 125, subpart H.
				Applicants may request the special procedures for decisions on thermal variance
				in accordance with 40 C.F.R.
				Section 124.66.
(8) Other variance procedures and moderating
				provisions under Chapter 403, F.S., and Department rules are available to
				applicants for a wastewater facility or activity permit such as those set forth
				in Chapters 62-4, 62-110, 62-302 and 62-660, F.A.C.
(9) The Department of Environmental
				Protection Guide to Permitting Wastewater Facilities or Activities Under
				Chapter 62-620, F.A.C., contains additional information on the variances listed
				above.
Rulemaking Authority
					 403.061(31),
					 403.8055 FS. Law Implemented
					 403.051,
					 403.0885
					 FS.
New 11-29-94, Amended 12-24-96,
					 10-23-00.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-621 - GENERIC PERMITS › Section 62-621.100 - Scope/Applicability

Current through Reg. 50, No. 138; July 16, 2024
This chapter sets forth the procedures to obtain National
				  Pollutant Discharge Elimination System (NPDES) and Non-NPDES generic permits
				  authorized under Chapter 403, Florida Statutes (F.S.), and Chapter 62-620,
				  Florida Administrative Code (F.A.C.) For the purpose of this chapter "NPDES
				  Generic Permit" means a type of general permit issued under the authority of
				  Section  403.0885, F.S., (general permit
				  under 40 C.F.R.
				  122.28) and "Non-NPDES Generic Permit" means
				  a type of general permit issued under the authority of Section
				   403.087, F.S. As an alternative
				  to individual permits, the Department may promulgate by rule a generic permit
				  to regulate a category of wastewater facilities or activities. The Department
				  shall issue a generic permit to regulate such a category of wastewater
				  facilities or activities only if they all involve the same or substantially
				  similar types of operations; discharge the same types of wastes or engage in
				  the same types of residuals or industrial sludge use or disposal practices;
				  require the same effluent limitations, operating conditions, or standards for
				  residuals or industrial sludge use or disposal; require the same or similar
				  monitoring; and the NPDES generic permit is approved by the EPA pursuant to
				  subsection  62-620.710(3),
				  F.A.C.
Rulemaking Authority
					  403.061,
					  403.087,
					  403.088,
					  403.0885,
					 403.08851,
					 403.814 FS. Law Implemented
					 403.061,
					 403.087,
					 403.088,
					 403.0885,
					  403.08851 FS.
New 8-22-95, Amended 12-24-96, 5-1-97, 10-22-00, 5-22-03,
					 12-23-04.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-621 - GENERIC PERMITS › Section 62-621.101 - Procedural Requirements

Current through Reg. 50, No. 138; July 16, 2024
Generic permits issued under this chapter are subject to the
				  procedural requirements of subsections
				   62-110.106(6),
				   62-620.510(1) 
				  -(5) and (8), and Rule
				   62-620.710, F.A.C., unless
				  otherwise specified in the generic permit, Chapter 62-620 or 62-621,
				  F.A.C.
Rulemaking Authority
					  403.061,
					  403.087,
					  403.088,
					  403.0885,
					 403.08851 FS. Law Implemented
					 403.061,
					 403.087,
					 403.088,
					 403.0885,
					  403.08851 FS.
New 12-23-04.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-621 - GENERIC PERMITS › Section 62-621.105 - Applicability (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  403.061,
					  403.087,
					  403.088,
					  403.0885,
					 403.08851 FS. Law Implemented
					 403.061,
					 403.087,
					 403.088,
					 403.0885,
					  403.08851 FS.
New 8-22-95, Repealed
					 12-24-96.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-621 - GENERIC PERMITS › Section 62-621.200 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  403.061,
					  403.087,
					  403.088,
					  403.0885,
					 403.08851 FS. Law Implemented
					 403.061,
					 403.087,
					 403.088,
					 403.0885,
					  403.08851 FS.
New 8-22-95, Repealed
					 12-24-96.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-621 - GENERIC PERMITS › Section 62-621.260 - Best Management Practices (BMP) Plan

Current through Reg. 50, No. 138; July 16, 2024
When a BMP plan is required by a generic permit listed in
				  this chapter, the permittee shall prepare the plan in accordance with the
				  following procedures:
(1) The
				permittee shall maintain the BMP plan at the facility and shall make the plan
				available to the Department upon request.
(2) The permittee shall develop and implement
				a BMP plan which prevents, or minimizes the potential for, the release of
				pollutants from ancillary activities, including:
(a) Material storage areas;
(b) Plant site runoff;
(c) In-plant transfer, process and material
				handling areas;
(d) Loading and
				unloading operations; and,
(e)
				Sludge and waste disposal areas, to the surface waters of the state through
				plant site runoff, spillage or leaks, sludge or waste disposal, or drainage
				from raw material storage. The term "pollutants" refers to any substance listed
				as toxic under Section 307(a)(1) of the Clean Water Act (Act); oil, as defined
				in Section 311(a)(1) of the Act; and substances listed as hazardous under
				Section 311 of the Act.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-621 - GENERIC PERMITS › Section 62-621.301 - Generic Permit for Discharges From Petroleum Contaminated Sites (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  403.061,
					  403.087,
					  403.088,
					  403.0885,
					 403.08851 FS. Law Implemented
					 403.061,
					 403.087,
					 403.088,
					 403.0885,
					  403.08851 FS.
New 8-22-95, Repealed
					 12-24-96.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-621 - GENERIC PERMITS › Section 62-621.302 - Generic Permit for Discharges of Produced Ground Water From Any Non-Contaminated Site Activity (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  403.061,
					  403.087,
					  403.088,
					  403.0885,
					 403.08851 FS. Law Implemented
					 403.061,
					 403.087,
					 403.088,
					 403.0885,
					  403.08851 FS.
New 8-22-95, Repealed
					 12-24-96.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-621 - GENERIC PERMITS › Section 62-621.303 - Toxicity Testing Requirements

Current through Reg. 50, No. 138; July 16, 2024
When specifically required by the NPDES generic permit, the
				  toxicity standards and procedures set forth in subsection
				   62-4.244(3),
				  Rules  62-4.246,
				   62-301.200,
				   62-302.200 and subsections
				   62-302.500(1)(a),
				  (4), F.A.C., shall apply.
Rulemaking Authority
					  403.061,
					  403.087,
					  403.088,
					  403.0885,
					 403.08851 FS. Law Implemented
					 403.061,
					 403.087,
					 403.088,
					 403.0885,
					  403.08851 FS.
New 12-23-04.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-621 - GENERIC PERMITS › Section 62-621.700 - Best Management Practices (BMP) Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  403.061,
					  403.087,
					  403.088,
					  403.0885,
					 403.08851 FS. Law Implemented
					 403.061,
					 403.087,
					 403.088,
					 403.0885,
					  403.08851 FS.
New 8-22-95, Amended 7-1-97, 2-14-00, Repealed
					 12-23-04.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-621 - GENERIC PERMITS › Section 62-621.800 - Toxicity Testing Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  403.061,
					  403.087,
					  403.088,
					  403.0885,
					 403.08851 FS. Law Implemented
					 403.061,
					 403.087,
					 403.088,
					 403.0885,
					  403.08851 FS.
New 8-22-95, Repealed
					 12-23-04.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-624 - MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Section 62-624.100 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
This rule provides the requirements for processing Municipal
				  Separate Storm Sewer Systems (MS4) permits, as authorized under Section
				   403.0885, F.S. This rule also
				  provides general requirements and procedures for the issuance, denial,
				  revision, suspension, and revocation of MS4 permits. The requirements of this
				  part are in addition to and not in lieu of the requirements specified in
				  Chapters 62-25, 62-330 and 62-341, F.A.C., or the requirements of Part IV,
				  Chapter 373, F.S. Regulatory program and surveillance fees for individual MS4
				  permits are as provided in Rule
				   62-4.052, F.A.C. Applicants
				  seeking coverage under the Department's Generic Permit for Discharge of
				  Stormwater from Phase II Municipal Separate Storm Sewer Systems (MS4s), as
				  incorporated by paragraph
				   62-621.300(7)(a),
				  F.A.C., in lieu of an individual MS4 permit, must file an application fee as
				  set out in Rule  62-4.050,
				  F.A.C.
Rulemaking Authority
					 403.061,
					 403.087 FS. Law Implemented
					 403.087,
					 403.088,
					 403.0885
					 FS.
New 10-22-00, Amended
					 5-1-03.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-624 - MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Section 62-624.200 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Co-permittee means a permittee to a NPDES
				permit that is only responsible for permit conditions relating to the municipal
				separate storm sewer that it operates.
(2) Illicit discharge means any discharge to
				a municipal separate storm sewer that is not composed entirely of stormwater
				except discharges pursuant to an NPDES permit and the following categories of
				non-stormwater discharges provided they do not cause a violation of water
				quality standards:
(a) Water line
				flushing;
(b) Landscape
				irrigation;
(c) Diverted stream
				flows;
(d) Rising ground
				waters;
(e) Uncontaminated ground
				water infiltration (as defined at
				40 C.F.R.
				35.2005(20));
(f) Uncontaminated pumped ground
				water;
(g) Discharges from potable
				water sources;
(h) Foundation
				drains;
(i) Air conditioning
				condensate;
(j) Irrigation
				water;
(k) Springs;
(l) Water from crawl space pumps;
(m) Footing drains;
(n) Lawn watering runoff;
(o) Water from individual residential car
				washing;
(p) Flows from riparian
				habitats and wetlands;
(q)
				Dechlorinated swimming pool discharges;
(r) Residual street wash water; and,
(s) Discharges or flows from fire
				fighting activities.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-624 - MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Section 62-624.300 - General Provisions

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				operator of a Phase I or regulated Phase II MS4 must be covered by a permit
				under this chapter. Operators of MS4s such as municipalities, Chapter 298,
				F.S., special districts, drainage districts, or Districts of the Florida
				Department of Transportation, that were named as permittees or co-permittees as
				a result of previous designation by the Regional Administrator of the United
				States Environmental Protection Agency must be covered by a permit under this
				chapter. Any operator of a Phase I MS4, or designated permittee or
				co-permittee, having been issued an MS4 permit by EPA, must file for
				re-application with the Department in accordance with the procedures under this
				chapter.
(2) Individual MS4 permits
				issued under this chapter are subject to the procedural requirements of Rules
				 62-620.302 (Confidentiality),
				 62-620.305 (Signatory
				Requirements), and  62-620.350 (Recordkeeping),
				F.A.C.
(3) For purposes of
				enforcement, compliance with an MS4 permit constitutes compliance with the
				applicable provisions of Chapter 403, F.S. For purposes of enforcement,
				compliance with a permit issued under this chapter pursuant to the authority of
				Section  403.0885, F.S., constitutes
				compliance with Sections 301, 302, 306, 307, 318, 402 and 403 of the Clean
				Water Act.
(4) A permit may be
				revoked, suspended, or terminated in accordance with Rule
				 62-620.345, F.A.C. A permit may
				be revised in accordance with Rule
				 62-620.325, F.A.C. A permit may
				be renewed in accordance with Rule
				 62-624.420, F.A.C., of this
				chapter.
(5) No Department issued
				MS4 permit shall be issued for a term of more than 5 years.
(6) An annual fee is required for individual
				MS4 permits as provided in Rule
				 62-4.052, F.A.C. An application
				fee must be filed by applicants utilizing the Department's generic permit (see
				paragraph  62-621.300(7)(a),
				F.A.C.) as provided in Rule
				 62-4.050, F.A.C.
(7) To the extent that this chapter imposes
				duties for the construction, operation, maintenance, or monitoring of a
				stormwater management system, for reporting system operations, or for securing
				permits from the Department, responsibility lies with the permittee and the
				owner of the stormwater management system. Nevertheless, Section
				 403.141, F.S., creates joint and
				several liability for those responsible for violations.
Rulemaking Authority
					 403.061,
					 403.087 FS. Law Implemented
					 403.087,
					 403.088,
					 403.0885
					 FS.
New 10-22-00, Amended
					 5-1-03.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-624 - MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Section 62-624.310 - General Conditions, Individual Permits

Current through Reg. 50, No. 138; July 16, 2024
All individual MS4 permits shall be subject to the general
				  conditions set forth in Rule
				   62-620.610, F.A.C., except for
				  conditions in subsections (7), (12), (16), (17), (22), and
				  (23).
Rulemaking Authority
					 403.061,
					 403.087 FS. Law Implemented
					 403.087,
					 403.088,
					 403.0885
					 FS.
New 10-22-00, Amended
					 5-1-03.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-624 - MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Section 62-624.400 - Application Procedures for New Individual MS4 Permits

Current through Reg. 50, No. 138; July 16, 2024
Applicants for new individual MS4 permits shall follow the
				  procedures as described in 40 C.F.R.
				  122.26.
Rulemaking Authority
					 403.061,
					 403.087,
					 403.0877 FS. Law Implemented
					 403.061,
					 403.087,
					 403.0877,
					 403.088,
					 403.0885
					 FS.
New 10-22-00, Amended
					 5-1-03.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-624 - MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Section 62-624.420 - Re-application Procedures for Individual MS4 Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) MS4 permits
				shall be effective for a fixed term not to exceed five years. If the permittee
				wishes to continue an activity regulated by an MS4 permit after the expiration
				date of the permit, the permittee must apply for and obtain a new permit.
				Permittees are encouraged to consult with the Department before the
				re-application process begins so that a mutually acceptable municipal
				stormwater program is developed prior to re-application.
(2) An MS4 permittee may re-apply for permit
				coverage concurrently with a timely filing of the fourth year annual report. A
				fourth year annual report used as the principle component for re-application
				must clearly state that the report is being used for re-application purposes,
				and must clearly describe proposed revisions to the permittee's activities
				required under the existing permit.
(3) As an alternative, permittees may
				re-apply for a MS4 permit by submitting an application 180 days prior to the
				expiration of the permit. The application shall include a proposed stormwater
				management program and monitoring program in accordance with this section and
				Rule  62-624.440, F.A.C.
(4) A re-application filed in accordance with
				subsections (2) and (3), of this rule, shall be considered timely and
				sufficient. When an application for renewal of a permit is timely and
				sufficient, the existing permit shall not expire until the Department has taken
				final action on the application for renewal or until the last day for seeking
				judicial review of the agency order or a later date fixed by order of the
				reviewing court.
(5) Late
				re-application shall be considered timely and sufficient for the purpose of
				extending the effectiveness of the expiring permit only if it is submitted and
				made complete before the expiration date.
Rulemaking Authority
					 403.061,
					 403.087 FS. Law Implemented
					 403.087,
					 403.088,
					 403.0885
					 FS.
New 10-22-00, Amended
					 5-1-03.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-624 - MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Section 62-624.440 - Contents of Re-application for Individual MS4 Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department is committed to allowing flexible re-application requirements that
				are specific to the needs of the individual MS4 program. However, certain
				fundamental information is required for all re-applications as follows:
(a) Name and mailing address of the permittee
				that operates the MS4, and if applicable, the names and addresses of the
				co-permittees that operate an MS4;
(b) Names and titles of the primary
				administrative and technical contacts for the municipal permittee and all
				co-permittee(s);
(c) Identification
				number of the existing MS4 permit;
(d) A listing of changes in co-applicants
				since issuance of initial MS4 permit;
(e) Identification of any previously
				unidentified water bodies that receive discharges from the MS4;
(f) A summary of any known water quality
				impacts on the newly identified receiving waters from the MS4 discharge; and,
(g) A summary of known or
				estimated reductions in stormwater pollutant loads discharged from the MS4
				resulting from implementation of the stormwater management plan during the term
				of the most recent permit.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-624 - MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Section 62-624.500 - Standards for Issuing or Denying Individual Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department shall use the provisions of
				40 C.F.R.
				122.26, revised as of July 1, 2000, hereby
				incorporated by reference, for implementation of the program. Where there are
				conflicts with general or specific requirements of
				40 C.F.R.
				122.26, the requirements and procedures set
				forth in this chapter shall supersede all other procedures and requirements for
				MS4 facilities.
(2) The Department
				shall issue an MS4 permit only if the applicant affirmatively provides the
				Department with reasonable assurance that the stormwater management program
				will achieve a reduction of the discharge of pollutants from the MS4 to the
				Maximum Extent Practicable in accordance with
				40 C.F.R.
				122.26.
(3) The permittee shall at all times properly
				operate and maintain the facility and systems of treatment and control, and
				related appurtenances, that are installed and used by the permittee to achieve
				compliance with the conditions of the permit.
Rulemaking Authority
					 403.061,
					 403.087,
					 403.815 FS. Law Implemented
					 403.061,
					 403.087,
					 403.0876,
					 403.088,
					 403.0885,
					 403.815
					 FS.
New 10-22-00, Amended
					 5-1-03.