Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-4 - PERMITS › Section 62-4.242 - Antidegradation Permitting Requirements; Outstanding Florida Waters; Outstanding National Resource Waters

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Antidegradation Permitting Requirements.
(a)
				Permits shall be issued when consistent with the antidegradation policy set
				forth in Rule  62-302.300, F.A.C., and, if
				applicable, Rule  62-302.700, F.A.C.
(b) In determining whether a proposed
				discharge which results in water quality degradation is necessary or desirable
				under federal standards and under circumstances which are clearly in the public
				interest, the department shall consider and balance the following factors:
1. Whether the proposed project is important
				to and is beneficial to the public health, safety, or welfare (taking into
				account the policies set forth in Rule
				62-302.300, F.A.C., and, if
				applicable, Rule 62-302.700, F.A.C.);
				and,
2. Whether the proposed
				discharge will adversely affect conservation of fish and wildlife, including
				endangered or threatened species, or their habitats; and,
3. Whether the proposed discharge will
				adversely affect the fishing or water-based recreational values or marine
				productivity in the vicinity of the proposed discharge; and,
4. Whether the proposed discharge is
				consistent with any applicable Surface Water Improvement and Management Plan
				that has been adopted by a Water Management District and approved by the
				Department.
(c) For
				domestic wastewater facilities, in addition to paragraph (b), above, in order
				for a proposed discharge to be necessary or desirable under federal standards
				and under circumstances which are clearly in the public interest, the permit
				applicant must demonstrate that none of the following is economically and
				technologically reasonable:
1. Implementation
				of water conservation measures to reduce the flow of domestic wastewater. The
				engineering report shall include an assessment of the feasibility of
				implementation of water conservation programs within the area served by the
				collection system. This paragraph shall apply only to utilities,
				municipalities, or other entities that have responsibility for both wastewater
				and water supply,
2. Implementation
				of infiltration/inflow reduction measures for expansions of domestic wastewater
				facilities. The engineering report shall include an assessment of an
				infiltration/inflow reduction program within the area served by the collection
				system,
3. Reuse of reclaimed
				water; and,
4. Use of other
				discharge locations, which would reduce adverse impacts on water
				quality.
(d) For
				industrial wastewater facilities proposing new or expanded surface water
				discharges, in addition to paragraph (b), above, in order for the new or
				expanded industrial wastewater discharge to be necessary or desirable under
				federal standards and under circumstances which are clearly in the public
				interest, the permit applicant:
1. Must
				demonstrate that use of other discharge locations, land application, or
				recycling at offsite locations that would avoid the degradation of water
				quality is not economically and technologically reasonable; and,
2. Shall submit a signed statement under
				penalty of law that a waste minimization and source reduction analysis was
				completed consistent with best management practices appropriate for the type of
				facility or discharge proposed, as identified in paragraph
				 62-620.100(3)(m),
				F.A.C., 40 C.F.R.
				122.44(k), and Guidance
				Manual for Developing Best Management Practices (BMP), U.S. Environmental
				Protection Agency, Office of Water, Washington, DC, EPA 833-B-93-004, October,
				1993.