Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-640 - BIOSOLIDS › Section 62-640.400 - Prohibitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Ocean disposal of biosolids, or disposal
				of biosolids in any water, including direct discharge to ground water, is
				prohibited.
(2) Land application of
				biosolids shall not result in a violation of Florida surface water quality
				standards pursuant to Chapter 62-302, F.A.C., or ground water standards
				pursuant to Chapter 62-520, F.A.C.
(3) Biosolids which are hazardous waste under
				Chapter 62-730, F.A.C., shall not be applied to land.
(4) Biosolids shall not be discharged into a
				collection or transmission system without prior consent of the owner of that
				system.
(5) Biosolids shall not be
				disposed, applied to land, or distributed and marketed except in accordance
				with the provisions of this chapter.
(6) The treatment, management,
				transportation, use, land application, or disposal of biosolids shall not cause
				a violation of the odor prohibition in subsection
				 62-296.320(2),
				F.A.C.
(7) Treatment of liquid
				biosolids or septage for the purpose of meeting the pathogen reduction or
				vector attraction reduction requirements set forth in Rule
				 62-640.600, F.A.C., shall not be
				conducted in the tank of a hauling vehicle. Treatment of biosolids or septage
				for the purpose of meeting pathogen reduction or vector attraction reduction
				requirements shall take place at the permitted facility.
(8) Biosolids that do not meet the
				requirements of Rule  62-640.850, F.A.C., for
				distribution and marketing shall not be shipped into Florida unless shipped to
				a Department permitted biosolids treatment facility or domestic wastewater
				facility that has legally agreed in writing to accept responsibility for proper
				treatment, management, use and land application of the biosolids.
(9) Class A or Class B biosolids shall not be
				spilled from or tracked off the treatment facility site or land application
				site by the hauling vehicle.
(10)
				Land application of Class A and Class B biosolids is prohibited within the
				primary and secondary protection zones of the Wekiva Study Area in accordance
				with Rule  62-600.550, F.A.C. Application
				of Class AA biosolids that are distributed and marketed in accordance with Rule
				 62-640.850, F.A.C., is
				permissible.
(11) The land
				application of biosolids will not be authorized in the Lake Okeechobee
				watershed as defined in Section
				 373.4595(2)(j),
				F.S., unless the applicant for a site permit affirmatively demonstrates that
				the phosphorus in the biosolids will not add to phosphorus loadings in Lake
				Okeechobee or its tributaries. This demonstration shall be based on achieving a
				net balance between phosphorus imports relative to exports on the permitted
				application site. Exports shall include only phosphorus removed from the Lake
				Okeechobee watershed through products generated on the permitted application
				site. This demonstration shall be submitted with the NMP for the site. No
				biosolids shall be applied to a site in the Lake Okeechobee watershed after
				December 31, 2012, unless the demonstration has been made. This prohibition
				does not apply to Class AA biosolids that are marketed and distributed as
				fertilizer products in accordance with Rule
				 62-640.850, F.A.C.
(12) The land application of biosolids will
				not be authorized in the Caloosahatchee River and St. Lucie River watersheds as
				defined in Sections  373.4595(2)(b) and
				(p), F.S., unless the applicant for a site
				permit affirmatively demonstrates that the nitrogen and phosphorus in the
				biosolids will not add to nitrogen and phosphorus loadings in the watershed.
				This demonstration shall be based on achieving a net balance between nutrient
				imports relative to exports on the permitted application site. Exports shall
				include only nutrients removed from the St. Lucie River or Caloosahatchee River
				watersheds, as applicable, through products generated on the permitted
				application site. This demonstration shall be submitted with the NMP for the
				site. No biosolids shall be applied to a site in the Caloosahatchee River or
				St. Lucie River watersheds after December 31, 2012, unless the demonstration
				has been made. This prohibition does not apply to Class AA biosolids that are
				marketed and distributed as fertilizer products in accordance with Rule
				 62-640.850, F.A.C.
(13) No person shall have more than one dry
				ton of unapplied Class AA biosolids or biosolids products distributed and
				marketed under Rule  62-640.850, F.A.C., on their
				property for more than seven days unless stored to prevent runoff of biosolids
				or stormwater that has been in contact with biosolids, violation of the odor
				prohibition in subsection
				 62-296.320(2),
				F.A.C., and vector attraction.
(14)
				Biosolids shall not be applied on soils that have a seasonal high water table
				less than 6 inches from the soil surface or within 6 inches of the intended
				depth of biosolids placement, unless a Department-approved nutrient management
				plan and water quality monitoring plan provide reasonable assurance that the
				land application of biosolids at the site will not cause or contribute to a
				violation of the state's surface water quality standards or ground water
				quality standards.
Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented  373.4595,  403.021,  403.051,  403.061,  403.0855,  403.087,  403.088,  403.0881,  403.702,  403.704,  403.707,  403.708 FS.
New 8-12-90, Formerly 17-640.400, Amended 3-30-98, 8-29-10, 6-21-21.