reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-104 - ADMINISTRATIVE PROCEDURES FOR THE WATER RESOURCES RESTORATION AND PRESERVATION PROGRAM › Section 62-104.040 - General; Application of Funds and Criteria for Selection of Proposals and Allocation of Funds (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061(28) FS.
					 Law Implemented 403.0615
					 FS.
New 5-29-78, Formerly 17-1.126, Amended 6-1-84, Formerly
					 17-104.040, Amended 11-28-96, Repealed
					 2-23-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-107 - SHORT-TERM EMERGENCY RESPONSE › Section 62-107.030 - Expenditure of Funds from the Water Quality Assurance Trust Fund

Current through Reg. 50, No. 138; July 16, 2024
(1) In responding to short-term emergencies,
				the Department may use monies from the Water Quality Assurance Trust Fund for,
				among other things, the following purposes:
(a) Contracting with independent contractors
				for the assessment and taking of remedial action to alleviate a short-term
				emergency.
(b) For the purchase or
				rental of equipment needed to relieve a short-term emergency.
(c) For the temporary repair of structures or
				facilities as necessary to relieve a short-term emergency.
(d) To provide a temporary alternate source
				of drinking water where a community water system (as defined in Rule 62-22.103,
				F.A.C.), or a private well that provides water to residential dwellings has
				been contaminated to such an extent as to result in a short-term
				emergency.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-109 - CONTRACT BIDDING NOTICE AND PROTEST PROCEDURES › Section 62-109.010 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 403.061 FS. Law Implemented
					 120.53
					 FS.
New 6-30-86, Formerly 17-109.010, Repealed
					 1-11-11.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-109 - CONTRACT BIDDING NOTICE AND PROTEST PROCEDURES › Section 62-109.020 - Notification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(5),
					 403.061 FS. Law Implemented
					 120.53
					 FS.
New 6-30-86, Formerly 17-109.020, Repealed
					 1-11-11.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-109 - CONTRACT BIDDING NOTICE AND PROTEST PROCEDURES › Section 62-109.030 - Protests (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(5),
					 403.061 FS. Law Implemented
					 120.53
					 FS.
New 6-30-86, Formerly 17-109.030, Repealed
					 1-11-11.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-109 - CONTRACT BIDDING NOTICE AND PROTEST PROCEDURES › Section 62-109.040 - Agency Action (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(5),
					 403.061 FS. Law Implemented
					 120.53
					 FS.
New 6-30-86, Formerly 17-109.040, Repealed
					 1-11-11.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-110 - EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE › Section 62-110.103 - Rulemaking Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Notice.
(a) In addition to complying with the notice
				provisions of Rule Chapter 28-103 of the Uniform Rules of Procedure, notice of
				the Department's intent to adopt, amend, or repeal a rule shall be given in
				accordance with any applicable federal regulations, and a copy of the notice
				for any rulemaking hearing before the Environmental Regulation Commission shall
				be mailed to each Commissioner on the same day the notice is submitted to the
				Florida Administrative Register.
(b) When a proposed rule is directed toward a
				particular class of persons, the notice published in the Florida Administrative
				Register is the prescribed notice unless a statute requires additional
				notice.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-110 - EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE › Section 62-110.104 - Variances or Waivers

Current through Reg. 50, No. 138; July 16, 2024
(1) Although a
				person seeking a variance under Section
				 120.542 F.S., must comply with
				Rule Chapter 28-104, F.A.C., a person seeking a variance under Section
				 373.414(17)  or
				 403.201, F.S., must demonstrate
				that any hardship asserted as a basis of the need for a variance is peculiar to
				the affected property and not self-imposed and that the grant of a variance
				will be consistent with the general intent and purpose of Section 373.414 or
				Chapter 403, F.S., as applicable. Any person seeking such a variance shall file
				a petition containing the following information:
(a) The petitioner's name and
				signature.
(b) The statute or rule
				from which the variance is sought.
(c) Facts showing that a variance should be
				granted for one of the reasons set forth in Section
				 403.201, F.S.
(d) The time period for which the variance is
				sought, including the reasons and facts supporting the time period.
(e) The requirements that the petitioner can
				meet, including the date or time when the requirements will be met.
(f) The steps or measures that the petitioner
				is taking to meet the requirement from which the variance is sought. If the
				request is pursuant to Section
				 403.201(1)(b),
				F.S., the petitioner shall include a schedule when compliance will be
				achieved.
(g) The social, economic,
				and environmental impacts on the applicant and on residents of the area and of
				the state if the variance is granted.
(h) The social, economic, and environmental
				impacts on the applicant and on residents of the area and of the state if the
				variance is denied.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-110 - EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE › Section 62-110.105 - Formal Determinations of the Landward Extent of Wetlands and Surface Waters

Current through Reg. 50, No. 138; July 16, 2024
Requests for formal determinations of the landward extent of
				  wetlands and surface waters shall be governed by Rule
				   62-343.040,
				  F.A.C.
Rulemaking Authority
					 120.54(5),
					 373.026,
					 373.043,
					 373.044,
					 373.421 FS. Law Implemented
					  120.60,
					  373.026,
					  373.117,
					  373.421 FS.
New 7-1-98.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-112 - PROJECT CERTIFICATION PROCEDURES FOR COORDINATED AGENCY REVIEW IN THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN › Section 62-112.030 - Procedures for Certification and Agency Review (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 380.051 FS. Law Implemented
					 380.051
					 FS.
New 9-21-87, Formerly 17-112.030, Amended 11-13-96,
					 Repealed 3-8-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-113 - DELEGATIONS › Section 62-113.100 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
This rule chapter lists the delegation agreements which have
				  been entered into by the Department with another state agency, political
				  subdivision or water management district, and which delegate any of the
				  Department's duties and responsibilities under Chapters 253, 373, 376 and 403,
				  F.S., and Title 62, F.A.C. This rule chapter additionally lists the agreements
				  with water management districts which specify that the Department is exercising
				  any of its independent regulatory authorities pursuant to Chapter 373, F.S. For
				  purposes of Title 62, F.A.C., wherever the term "Department" appears, it shall
				  mean the Florida Department of Environmental Protection or its delegatee as
				  provided in the agreements listed in Chapter 62-113, F.A.C. These delegation
				  agreements are hereby incorporated by reference and are available for public
				  inspection and copying during normal business hours at the Department's Office
				  of General Counsel, 3900 Commonwealth Blvd., Tallahassee, Florida.
(1) Delegations to state agencies.
(a) #74-2: Interagency Agreement between
				Department of Pollution Control and Department of Agriculture and Consumer
				Services delegating permitting and enforcement authority relating to open
				burning and frost protection fires to administer chapter 62-5, F.A.C., January
				31, 1974.
(b) #81-21: Interagency
				Agreement between Department of Environmental Protection and Department of
				Agriculture and Consumer Services delegating enforcement and permitting of open
				burning rules. October 12, 1981.
(c) #74-1: Interagency Agreement between
				Dept. of Pollution Control and Florida Game and Freshwater Fish Commission to
				delegate Chapter 403 enforcement duties to the Commission. December,
				1973.
(d) #92-1: Interagency
				Agreement between Department of Environmental Protection and Department of
				Health and Rehabilitative Services for Implementation of the Florida Safe
				Drinking Water Act. - delegates to the County Public Health Units of Lee,
				Broward, Dade, Duval, Hillsborough, Manatee, Palm Beach, Pinellas, Polk and
				Sarasota counties the authority pursuant to Section
				 403.862(1)(c),
				F.S., to administer the public water system program. February 28,
				1992.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-113 - DELEGATIONS › Section 62-113.200 - Delegation of Authority by Secretary

Current through Reg. 50, No. 138; July 16, 2024
The Secretary, as head of the Department, has delegated
				  authority as follows:
(1) To the
				Assistant Secretary of the Department to act on behalf of the Secretary in all
				matters during the absence of the Secretary, including the signing of
				contracts, and in the absence of both the Secretary and Assistant Secretary to
				a designated Division Director to act in the Secretary's behalf on all
				matters.
(2) To the Director,
				Division of Administrative Services, to act on behalf of the Secretary on all
				purchasing, office space leasing, personnel, and budget matters, and to execute
				contracts.
(3) To the General
				Counsel:
(a) To accept service of process in
				lawsuits filed against the agency;
(b) To make the determination within ten days
				of receipt of a petition for an administrative determination of whether or not
				to refer the petition to DOAH for the assignment of the proceeding to a Hearing
				Officer, or whether or not to commence informal proceedings pursuant to Section
				 120.57(2),
				F.S.; and,
(c) To execute orders
				granting requests for extension of time to file petitions for administrative
				proceedings filed with the Department pursuant to Rule 62-103.070,
				F.A.C.,
(d) To execute final orders
				entered after a petition for administrative proceedings has been filed pursuant
				to Section  120.57, F.S., where the petition
				has been withdrawn or all parties have entered into a settlement resolving the
				issues set forth in the petition.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-133 - VOLUNTEER RULE › Section 62-133.100 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 110.503(2) FS.
					 Law Implemented 110.503
					 FS.
New 8-28-95, Repealed
					 2-21-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-133 - VOLUNTEER RULE › Section 62-133.200 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 110.503(2) FS.
					 Law Implemented 110.501,
					 110.503
					 FS.
New 8-28-95, Repealed
					 2-21-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-133 - VOLUNTEER RULE › Section 62-133.300 - Recruitment, Screening, Training, Supervision, and Responsibility of Volunteers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 110.503(2) FS.
					 Law Implemented 110.502,
					 110.503
					 FS.
New 8-28-95, Repealed
					 2-21-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-133 - VOLUNTEER RULE › Section 62-133.400 - Volunteer Services Agreements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 110.503(2) FS.
					 Law Implemented 110.502,
					 110.503
					 FS.
New 8-28-95, Repealed
					 2-21-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-133 - VOLUNTEER RULE › Section 62-133.500 - Administrative Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 110.503(2) FS.
					 Law Implemented 110.503,
					 110.505
					 FS.
New 8-28-95, Repealed
					 2-21-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-133 - VOLUNTEER RULE › Section 62-133.600 - Standards of Conduct for Volunteers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 110.503(2) FS.
					 Law Implemented 110.502,
					 110.503
					 FS.
New 8-28-95, Repealed
					 2-21-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-133 - VOLUNTEER RULE › Section 62-133.700 - Termination of Volunteer Service (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 110.503(2) FS.
					 Law Implemented 110.503
					 FS.
New 8-28-95, Repealed
					 2-21-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-133 - VOLUNTEER RULE › Section 62-133.800 - Volunteer Benefits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 110.503(2) FS.
					 Law Implemented 110.503,
					 110.504
					 FS.
New 8-28-95, Repealed
					 2-21-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-150 - HAZARDOUS SUBSTANCE RELEASE NOTIFICATION › Section 62-150.200 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this chapter the following terms shall have the
				  following meanings. These definitions are substantially equivalent to those set
				  forth for these terms in  42 USC §
										9601  (1986).
(1) "Facility" means (a) any building,
				structure, installation, equipment, pipe or pipeline (including any pipe into a
				sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment,
				ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft;
				or (b) any site or area where a hazardous substance has been deposited, stored,
				disposed of, or placed, or otherwise come to be located; but does not include
				any consumer product in consumer use or any vessel.
(2) "Hazardous substance" means any substance
				which is defined as a hazardous substance in  42 USC §
										9601(14)  and which is
				designated as a hazardous substance in  40 CFR §
										302.4  (1987).
(3) "Release" means any spilling, leaking,
				pumping, pouring, emitting, emptying, discharging, injecting, escaping,
				leaching, dumping, or disposing into the environment (including the abandonment
				or discarding of barrels, containers, and other closed receptacles containing
				any hazardous substance or pollutant or contaminant), but excludes (a) any
				release which results in exposure to persons solely within a workplace, with
				respect to a claim which such persons may assert against the employer of such
				persons; (b) emissions from the engine exhaust of a motor vehicle rolling
				stock, aircraft, vessel, or pipeline pumping station engine; (c) release of
				source, byproduct, or special nuclear material from a nuclear incident, as
				those terms are defined in the Atomic Energy Act of 1954 [42 USCS
				§§2011 et seq.]; (d) the normal application of fertilizer or
				pesticide; (e) any release which is specifically authorized pursuant to a state
				or federal permit; and (f) any other release which is exempt from reporting
				requirements established under  42 U.S.C. §
										9603(a).
(4) "Reportable quantity" means that
				quantity, as set forth in Table 302.4 at  40 CFR §
										302.4, the release of
				which requires notification pursuant to this chapter.
Rulemaking Authority
					 403.061(11),
					 403.161(1)(d)
					 FS. Law Implemented 403.161(1)(d)
					 FS.
New 11-27-88, Formerly
					 17-150.200.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-150 - HAZARDOUS SUBSTANCE RELEASE NOTIFICATION › Section 62-150.300 - Notification Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Any owner
				or operator of a facility who has knowledge of any release of a hazardous
				substance from a facility in a quantity equal to or exceeding the reportable
				quantity in any 24-hour period shall notify the Department by calling the State
				Warning Point Number, (850)488-1320, within one working day of discovery of the
				release.
(2) Releases of mixtures
				and solutions are subject to these notification requirements only where a
				component hazardous substance of the mixture or solution is released in a
				quantity equal to or greater than its reportable quantity.
(3) Notification of the release of a
				reportable quantity of solid particles of antimony, arsenic, beryllium,
				cadmium, chromium, copper, lead, nickel, selenium, silver, thallium, or zinc is
				not required if the mean diameter of the particles released is larger than 100
				micrometers (0.004 inches).
Rulemaking Authority
					 403.061(11),
					 403.161(1)(d)
					 FS. Law Implemented 403.161(1)(d)
					 FS.
New 11-27-88, Formerly
					 17-150.300.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-160 - QUALITY ASSURANCE › Part II - FIELD PROCEDURES › Section 62-160.210 - Approved Field Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				  persons that conduct or support field activities and field measurements shall
				  follow the applicable procedures and requirements described the DEP SOP
				  collections titled Standard Operating Procedures for Field Activities,
				  DEP-SOP-001/01 and Standard Operating Procedures for Selected Bioassessment
				  Activities, DEP-SOP-003/11, which are incorporated by reference in paragraphs
				   62-160.800(1)(a) 
				  and  62-160.800(1)(c),
				  F.A.C., respectively.
(2)
				  Additionally, all persons performing sampling for the Stream Condition Index
				  (SCI), the Lake Vegetation Index or a Rapid Bioassessment (BioRecon)
				  determination shall follow the procedures and satisfy the data quality
				  objectives discussed in the following documents, which are incorporated by
				  reference in paragraphs
				   62-160.800(2)(e) 
				  and  62-160.800(2)(f),
				  F.A.C.
(a) Department of Environmental
				  Protection, Sampling and Use of the Stream Condition Index (SCI) for Assessing
				  Flowing Waters: A Primer (DEP-SAS-001/11); and,
(b) Department of Environmental Protection,
				  Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant
				  Communities in Florida: A Primer (DEP-SAS-002/11).
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-160 - QUALITY ASSURANCE › Part II - FIELD PROCEDURES › Section 62-160.220 - Approval of Alternative and Modified Field Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person or entity may apply for use of
				  a field procedure in place of the approved procedures specified in
				  DEP-SOP-001/01 that is incorporated by reference in paragraph
				   62-160.800(1)(a),
				  F.A.C., or in place of field procedures that are specified or required in other
				  rules of the Department. Any field procedure proposed for use in place of those
				  specified in DEP-SOP-001/01 or specified or required in other rules of the
				  Department must be approved by the Department prior to use, according to
				  requirements as further described in this rule (Rule
				   62-160.220, F.A.C.). Field
				  procedures previously approved for use by a contract (including purchase
				  requisitions), order, or permit issued by the Department shall remain approved
				  while such documents remain in effect. In such cases, the documentation that
				  approved the use of the procedure must be retained for at least five years
				  after expiration of the contract, order or permit. Modified or alternative
				  field procedures approved by the Department, but not specified in a contract,
				  purchase requisition, order, or permit, shall remain approved indefinitely,
				  unless revoked, as provided in subsection
				   62-160.220(9),
				  F.A.C.
(2) Field procedures used in
				  place of those specified in DEP-SOP-001/01 or in place of field procedures
				  specified or required by Department rules, contracts (including purchase
				  requisitions), orders, or permits are designated by the Department as
				  alternative field procedures. Alternative field procedures cannot be approved
				  for any of the following:
(a) The procedures
				  in DEP SOP FT 3000, including all parts and subparts therein, which are
				  contained in DEP-SOP-001/01, which is incorporated by reference in paragraph
				   62-160.800(1)(a),
				  F.A.C.;
(b) The procedures in DEP
				  SOPs BRN 1000, LVI 1000 and SCI 1000, including all parts and subparts therein,
				  which are contained in DEP-SOP-003/11, which is incorporated by reference in
				  paragraph  62-160.800(1)(c),
				  F.A.C.; and,
(c) The procedures for
				  sampling and the description of data quality objectives and criteria for data
				  usability assessments for the Stream Condition Index (SCI) or a BioRecon
				  determination, as discussed in DEP-SAS-001/11, which is incorporated by
				  reference in paragraph
				   62-160.800(2)(e),
				  F.A.C., and the Lake Vegetation Index (LVI), as discussed in DEP-SAS-002/11,
				  which is incorporated by reference in paragraph
				   62-160.800(2)(f),
				  F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-160 - QUALITY ASSURANCE › Part II - FIELD PROCEDURES › Section 62-160.240 - Record Keeping and Reporting Requirements for Field Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) The record keeping requirements for
				  entities that conduct or support field activities and field measurements are
				  specified in the DEP SOPs contained in the following collections:
				  DEP-SOP-001/01, which is incorporated by reference in paragraph
				   62-160.800(1)(a),
				  F.A.C., including all parts and subparts of DEP SOP FD 1000, which is
				  incorporated by reference in subparagraph
				   62-160.800(1)(a) 
				  3., and DEP-SOP-003/11, which is incorporated by reference in paragraph
				   62-160.800(1)(c),
				  F.A.C., including all DEP SOPs, parts and subparts therein applicable to
				  bioassessment field activities. The specified records shall contain sufficient
				  information to allow independent reconstruction of all activities related to
				  generating data that are submitted to the Department. These records shall be
				  kept by the generator of the records for a minimum of five years after the date
				  of generation or completion of the records unless otherwise specified in a
				  Department contract, order, permit or Title 62 rules.
(2) Electronic records shall be acceptable as
				  documentation and shall be considered as equivalent in status and function to
				  paper records or documents, unless otherwise specified in a Department
				  contract, order, permit or Title 62 rules.
(a) All documentation requirements in this
				  chapter shall apply equally to paper and electronic records.
(b) Electronic copies intended to replace
				  original records shall contain the same information as the original records,
				  regardless of whether the electronic copies are designated as master or
				  duplicate records.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-160 - QUALITY ASSURANCE › Part III - LABORATORY CERTIFICATION AND PROCEDURES › Section 62-160.320 - Approved Laboratory Methods

Current through Reg. 50, No. 138; July 16, 2024
(1)
				  Approved laboratory methods are specified in the Department's rules, contracts,
				  orders or permits. When methods are specified by a Department rule, contract,
				  order or permit, only those methods shall be used. For informational purposes,
				  the Department maintains lists of methods, method compendiums and publication
				  sources that have been recognized the Department. When laboratory methods are
				  not specified in Department rules, contracts, orders or permits, applicable
				  methods from the list of recognized methods are approved, where the methods are
				  determined by the Department to satisfy data quality objectives established for
				  the Department project. However, these lists shall not supersede or limit the
				  use of other methods that are required by contract, order, permit or Title 62
				  rules. Links for the lists of methods are posted on the Department's webpage at
http://www.dep.state.fl.us/water/sas/qa/am-sources.htm
.
				  Additionally, the Environmental Protection Agency published updated lists of
				  analytical methods in Guidelines Establishing Test Procedures for the Analysis
				  of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures,
				  Final Rule, Federal Register, Vol. 77, No. 97, Friday, May 18, 2012, Rules and
				  Regulations, pp. 29758-29846, which is incorporated by reference in subsection
				   62-160.800(6),
				  F.A.C.
(2) Except as specified in
				  subsections (3) and (4) below, laboratories performing taxonomic identification
				  for periphyton or benthic macroinvertebrates shall use the procedures in the
				  following DEP SOPs, which are contained in DEP-SOP-002/01, which is
				  incorporated by reference in paragraph
				   62-160.800(1)(b),
				  F.A.C.:
(a) For taxonomic identification of
				  periphyton, LQ 1000 shall be used, including part LQ 7000, and subparts LQ 7100
				  through LQ 7140;
(b) For taxonomic
				  identification of benthic macroinvertebrates, LQ 1000 shall be used, including
				  part LQ 7000, and subparts LQ 7400 through LQ 7420.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-160 - QUALITY ASSURANCE › Part III - LABORATORY CERTIFICATION AND PROCEDURES › Section 62-160.330 - Approval of Alternative and Modified Laboratory Methods

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person may apply for use of a
				  laboratory method in place of the approved methods described in subsection
				   62-160.320(1),
				  F.A.C. Any laboratory method proposed for use in place of those described in
				  subsection  62-160.320(1),
				  F.A.C., or in place of laboratory methods specified or required in other rules
				  of the Department must be approved by the Department prior to use, as further
				  required below. Laboratory methods that have been previously approved for use
				  in a Department rule, contract, order, or permit shall remain approved while
				  such documents remain in effect. In such cases, the documentation that approved
				  the use of the method must be retained for at least five years after the last
				  use of the method for the specific samples analyzed by the approved method.
				  Laboratory methods approved by the Department to meet established data quality
				  objectives according to subsection
				   62-160.320(1),
				  F.A.C., and alternative or modified laboratory methods previously approved by
				  the Department shall remain approved, except as provided in subsection
				   62-160.330(9),
				  F.A.C.
(2) Laboratory methods used
				  in place of those specified or required in Department rules, contracts
				  (including purchase requisitions), orders, or permits are designated by the
				  Department as alternative laboratory methods. Alternative laboratory methods
				  that support a Department rule, contract, order, or permit must be approved by
				  the Department prior to use. Alternative laboratory methods cannot be approved
				  for the following:
(a) Any method that the
				  United States Environmental Protection Agency has designated for analysis of a
				  "method-defined analyte;"
(b) The
				  following methods from DEP-SOP-002/01 (January 2017), which is incorporated by
				  reference in subparagraph
				   62-160.800(1)(b) 
				  3., F.A.C., including all subparts of the methods cited:
1. Part LT 7300 of LT 7000, Lake Condition
				  Index (LCI) Determination; and,
2.
				  Part LT 7600 of LT 7000, Determination of Wetland Condition Indices;
				  and,
(c) The laboratory
				  methods described in the DEP SOPs BRN 1000 (January 2017), SCI 1000 (January
				  2017), and LVI 1000 (January 2017), including all applicable parts and subparts
				  of the methods cited, which are contained in DEP-SOP-003/11, which is
				  incorporated by reference in paragraph
				   62-160.800(1)(c),
				  F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-160 - QUALITY ASSURANCE › Part III - LABORATORY CERTIFICATION AND PROCEDURES › Section 62-160.340 - Record Keeping and Reporting Requirements for Laboratory Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Laboratory record keeping requirements
				  shall follow those specified by the DOH ELCP in Rule
				   64E-1.005, F.A.C., dated 1-24-05
				  and this chapter.
(a) The laboratory records
				  shall contain sufficient information to allow independent reconstruction of all
				  activities related to generating data that are submitted to the
				  Department.
(b) In addition, the
				  laboratory shall ensure that its records include all information necessary to
				  support the analytical report (subsection
				   62-160.340(3),
				  F.A.C.).
(c) Records shall be
				  retained for a minimum of five years after the date of generation or completion
				  of the records unless otherwise specified in a Department contract, order,
				  permit or Title 62 rules.
(d)
				  Electronic records shall be acceptable as documentation and shall be considered
				  as equivalent in status and function to paper records or documents, unless
				  otherwise specified in a Department contract, order, permit or Title 62 rules.
1. All documentation requirements in this
				  chapter shall apply equally to paper and electronic records.
2. Electronic copies intended to replace
				  original records shall contain the same information as the original records,
				  regardless of whether the electronic copies are designated as master or
				  duplicate records.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-160 - QUALITY ASSURANCE › Part III - LABORATORY CERTIFICATION AND PROCEDURES › Section 62-160.400 - Sample Preservation and Holding Times

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as noted in subsection (2) below,
				  or as otherwise provided in the rules of a specific Department program, sample
				  preservation methods, container types and holding times shall follow those
				  requirements specified in DEP-SOP-001/01 (January 2017), part FS 1006 in FS
				  1000, which is incorporated by reference in Rule
				   62-160.800, F.A.C.
(2) Sample preservation procedures, container
				  material and maximum allowable holding times for analytes not specified in
				  DEP-SOP-001/01 (January 2017) shall follow the preservation, container and
				  holding time requirements specified in the selected analytical method. If no
				  method-specified requirements exist, the best available scientific knowledge
				  shall be used as guidance for determining the appropriate procedures for
				  use.
(3) Requests for approval of
				  alternative or modified sample preservation methods, container types, or
				  holding times shall be submitted to the Department and shall be reviewed and
				  approved or disapproved by the Department according to requirements in Rules
				   62-160.220 and
				   62-160.330, F.A.C., for the
				  affected field procedures and laboratory methods. Requests for approval of
				  alternative or modified field procedures for sample preservation, container
				  types, or holding times shall also meet the requirements of subsections
				   62-160.330(9) and
				  (10), F.A.C., if applicable to the use of the
				  specific sample test results.
Rulemaking Authority
						403.061,
						403.0623 FS. Law Implemented
						373.026,
						373.309,
						373.409,
						373.413,
						373.414,
						373.416,
						373.4592,
						376.303,
						376.305,
						376.3071,
						403.0623,
						403.0625,
						403.087,
						403.088,
						403.0881,
						403.504,
						403.704,
						403.707,
						403.722,
						403.853
						FS.
New 1-1-91, Amended 2-4-93, Formerly 17-160.400, Amended
						3-24-96, 10-15-96, 4-9-02, 6-8-04, 12-3-08,
						4-16-18.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-160 - QUALITY ASSURANCE › Part III - LABORATORY CERTIFICATION AND PROCEDURES › Section 62-160.405 - Electronic Signatures

Current through Reg. 50, No. 138; July 16, 2024
Laboratory and field documents signed with an electronic
					 signature are acceptable as written signatures when:
(1) The integrity of the electronic signature
				  can be assured;
(2) The signature
				  is unique to the individual;
(3)
				  The organization using electronic signatures has written policies for the
				  generation and use of electronic signatures; and
(4) The organization using electronic
				  signatures has written procedures for ensuring the security, confidentiality,
				  integrity and auditability of each signature.
Rulemaking Authority
						403.061,
						403.0623,
						668.006 FS. Law Implemented
						668.006,
						668.50
						FS.
New 12-3-08.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-160 - QUALITY ASSURANCE › Part IV - MISCELLANEOUS › Section 62-160.600 - Research Field and Laboratory Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Research field sampling and laboratory
				  procedures involve one or more of the following:
(a) Evaluation, development or use of new,
				  innovative technologies not yet approved by the Department;
(b) Evaluation, development or use of
				  innovative field sampling or analytical laboratory methods not yet approved by
				  the Department;
(c) Evaluation of
				  new methodology or technology to be used in lieu of a Department-approved
				  method described in subsection
				   62-160.320(1),
				  F.A.C.; and,
(d) Other projects not
				  included in the above areas but designated as research by the relevant
				  Department project or contract manager.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-160 - QUALITY ASSURANCE › Part IV - MISCELLANEOUS › Section 62-160.650 - Field and Laboratory Audits

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				  Department and agencies or individuals with delegated authority from the
				  Department shall conduct audits of field and laboratory procedures and/or
				  records to determine if approved protocols are being followed as required and
				  to ensure data are being generated in compliance with the requirements of this
				  chapter.
(2) An audit shall consist
				  of one or more of the following:
(a) An
				  on-site assessment of field sampling and/or laboratory procedures;
(b) A review, assessment and/or validation of
				  data associated with a Department program activity;
(c) The submission of performance samples
				  (e.g., blind, split and/or performance check samples) to an organization for
				  subsequent use in the evaluation of that organization's technical performance
				  associated with a specific Department project or program activity; or
(d) Other relevant information as specified
				  in a Department contract, order, permit or Title 62 rules.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-160 - QUALITY ASSURANCE › Part IV - MISCELLANEOUS › Section 62-160.670 - Data Validation by the Department

Current through Reg. 50, No. 138; July 16, 2024
(1) All data generated for Department
				  activities are subject to data verification and data validation to determine if
				  the data are suitable and usable for a specified purpose. Data shall be
				  verified and validated based on the assessment of the following:
(a) Completeness of the Department requested
				  data package(s) and the response of involved parties to any Department requests
				  for additional data;
(b) Integrity
				  of samples as determined by complete and proper sample transmittal
				  documentation, and records that demonstrate adherence to proper preservation,
				  transport or other sample handling protocols, as applicable;
(c) Proper use of sample collection
				  methods;
(d) Proper selection and
				  use of analysis methods;
(e)
				  Sufficient use and routine evaluation of quality control measures to establish
				  the precision, accuracy, sensitivity, selectivity, and potential bias
				  associated with the analytical system and associated results;
(f) Proper instrument calibration and
				  verification procedures;
(g)
				  Documentation of all generated data as provided in Rules
				   62-160.240 and
				   62-160.340, F.A.C.;
(h) Ability to reconstruct all field sampling
				  and laboratory procedures through the documentation and records of the
				  laboratory or field sampling organization as provided in Rules
				   62-160.240 and
				   62-160.340, F.A.C.;
(i) Ability to trace data in the final report
				  to a specific sampling site, date and time;
(j) Status of the laboratory's certification
				  through the DOH ELCP as provided in Chapter 64E-1, F.A.C., for any given
				  analyte or category of analytes; and,
(k) Appropriateness of the collected data as
				  related to the specific data quality objectives of the Department program
				  activity or project for which they were collected including those data being
				  considered for secondary use.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-160 - QUALITY ASSURANCE › Part IV - MISCELLANEOUS › Section 62-160.900 - Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						403.061,
						403.0623 FS. Law Implemented
						373.026,
						373.309,
						373.409,
						373.413,
						373.414,
						373.416,
						373.4592,
						376.303,
						376.305,
						376.3071,
						403.0623,
						403.0625,
						403.087,
						403.088,
						403.0881,
						403.504,
						403.704,
						403.707,
						403.722,
						403.853
						FS.
New 1-1-91, Amended 2-4-93, Formerly 17-160.900, Amended
						3-24-96, 10-15-96, 4-9-02, Repealed
						2-23-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-204 - AIR POLLUTION CONTROL - GENERAL PROVISIONS › Section 62-204.100 - Purpose and Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061,
					 403.8055 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.8055
					 FS.
New 11-30-94, Amended 3-13-96, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-204 - AIR POLLUTION CONTROL - GENERAL PROVISIONS › Section 62-204.200 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061,
					 403.8055 FS. Law Implemented
					 403.031,
					 403.061,
					 403.8055
					 FS.
New 11-30-94, Amended 3-13-96, 2-12-06, 10-6-08, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-204 - AIR POLLUTION CONTROL - GENERAL PROVISIONS › Section 62-204.220 - Ambient Air Quality Protection (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087
					 FS.
New 3-13-96, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-204 - AIR POLLUTION CONTROL - GENERAL PROVISIONS › Section 62-204.240 - Ambient Air Quality Standards (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087
					 FS.
New 3-13-96, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-204 - AIR POLLUTION CONTROL - GENERAL PROVISIONS › Section 62-204.260 - Prevention of Significant Deterioration Increments (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.031,
					 403.061,
					 403.087
					 FS.
New 3-13-96, Amended 2-12-06, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-204 - AIR POLLUTION CONTROL - GENERAL PROVISIONS › Section 62-204.320 - Procedures for Designation and Redesignation of Areas (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087
					 FS.
New 3-13-96, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-204 - AIR POLLUTION CONTROL - GENERAL PROVISIONS › Section 62-204.340 - Designation of Attainment, Nonattainment, Unclassifiable, and Maintenance Areas

Current through Reg. 50, No. 138; July 16, 2024
All area designations in Florida under the Clean Air Act are
				  specified in  40 C.F.R. §
										81.310, as adopted and incorporated in reference
				  in Rule  62-204.800,
				  F.A.C.
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087
					 FS.
New 3-13-96, Amended 10-23-16,
					 4-2-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-204 - AIR POLLUTION CONTROL - GENERAL PROVISIONS › Section 62-204.360 - Designation of Prevention of Significant Deterioration Areas (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087
					 FS.
New 3-13-96, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-204 - AIR POLLUTION CONTROL - GENERAL PROVISIONS › Section 62-204.400 - Public Notice and Hearing Requirements for State Implementation Plan Revisions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061,
					 403.8055 FS. Law Implemented
					 403.031,
					 403.061,
					 403.8055
					 FS.
New 11-30-94, Amended 10-6-08, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-204 - AIR POLLUTION CONTROL - GENERAL PROVISIONS › Section 62-204.500 - Conformity

Current through Reg. 50, No. 138; July 16, 2024
(1) General Conformity. The provisions of
				this rule apply to state review of all federal general conformity
				determinations submitted to the state pursuant to   40 C.F.R. Part 93, Subpart B,
				adopted and incorporated by reference at Rule
				 62-204.800, F.A.C. Pursuant to
				40 C.F.R. Part 93, Subpart B, federal agencies are required to make conformity
				determinations to ensure that certain federal actions are consistent with the
				State Implementation Plan.
(a) Definitions.
				The definitions used in reviewing federal general conformity determinations
				shall be the definitions in  40 C.F.R. Part 93, §
											93.152, adopted and
				incorporated by reference at Rule
				62-204.800, F.A.C.
(b) Criteria. The criteria for reviewing
				federal general conformity determinations shall be the criteria in  40 C.F.R. Part 93, §
											93.158, adopted and incorporated by reference at Rule
				62-204.800, F.A.C.
(c) Procedures. The procedures for reviewing
				federal general conformity determinations shall be the procedures in  40 C.F.R. Part 93, §
											93.159, adopted and incorporated by reference at Rule
				62-204.800, F.A.C.
(d) Mitigation of Air Quality Impacts.
1. A federal general conformity determination
				submitted to the Department for review must contain, at a minimum, the
				following before the Department can make a positive finding of conformity in
				its review.
a. Any measures that are intended
				to mitigate air quality impacts must be identified, and the process for
				implementation and enforcement of such measures must be described including an
				implementation schedule containing explicit timelines for
				implementation.
b. Written
				commitments to take any mitigation measures from all persons or agencies
				committing to such measures.
2. A positive finding of conformity by the
				Department in any review of a federal general conformity determination is
				expressly based, in part, on reliance that all written commitments for
				mitigation measures shall be fulfilled by the timelines set out in such written
				commitments. Failure to fulfill such mitigation measures by the explicit
				timelines expressed in the written commitments shall nullify a positive
				Department review finding of conformity as of midnight of the date of the
				unfulfilled expressed timeline.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-204 - AIR POLLUTION CONTROL - GENERAL PROVISIONS › Section 62-204.600 - Transportation Conformity (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061,
					 403.8055 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.8055
					 FS.
New 11-30-94, Repealed
					 3-13-96.