62-4.020. Definitions

When used in this chapter, unless the context clearly indicates otherwise, the following words shall mean:

(1) “Annual Average Flow” is the long-term harmonic mean flow of the receiving water, or an equivalent flow based on generally accepted scientific procedures in waters for which such a mean cannot be calculated. For waters for which flow records have been kept for at least the last three years, “long-term” shall mean the period of record. For all other waters, “long-term” shall mean three years (unless the Department finds the data from that period not representative of present flow conditions, based on evidence of land use or other changes affecting the flow) or the period of records sufficient to show a variation of flow of at least three orders of magnitude, whichever period is less. For nontidal portions of rivers and streams, the harmonic mean (Qhm) shall be calculated as

Qhm

=

n ____________________________________

1

+

1

+

1

+

1

+

1

+

...

+

1

Q1

Q2

Q3

Q4

Q5

Qn

in which each Q is an individual flow record and n is the total number of records. In lakes and reservoirs, the annual average flow shall be based on the hydraulic residence time, which shall be calculated according to generally accepted scientific procedures, using the harmonic mean flows for the inflow sources. In tidal estuaries and coastal systems or tidal portions of rivers and streams, the annual average flow shall be determined using methods described in EPA publication no. 600/6-85/002b pages 142-227, incorporated by reference in paragraph 62-4.246(9)(k), F.A.C., or by other generally accepted scientific procedures, using the harmonic mean flow for any freshwater inflow. If there are insufficient data to determine the harmonic mean then the harmonic mean shall be estimated by methods as set forth in the EPA publication Technical Support Document for Water Quality-Based Toxics Control (March 1991), incorporated by reference in paragraph 62-4.246(9)(d), F.A.C., or other generally accepted scientific procedures. In situations with seasonably variable effluent discharge rates, hold-and-release treatment systems, and effluent-dominated sites, annual average flow shall mean modeling techniques that calculate long-term average daily concentrations from long-term individual daily flows and concentrations in accordance with generally accepted scientific procedures.

(2) “Approved Analytical Method” shall mean any of the analytical methods approved under Chapter 62-160, F.A.C.

(3) “Commission” is the State of Florida Environmental Regulation Commission.

(4) “Construction permit” is the legal authorization granted by the Department to construct, expand, modify, or make alterations to any installation and to temporarily operate and test such new or modified installations.

(5) “Department” is the State of Florida Department of Environmental Regulation or its delegatee as provided in the Operating Agreements Concerning Management and Storage of Surface Water Regulation and Wetland Resource Regulation adopted by reference in Rule 62-101.040, F.A.C.

(6) “Environmental restoration and enhancement” means activities, other than those proposed as mitigation for a permit required under Part IV of Chapter 373, F.S., conducted by government, research, education or charitable entities that are either not-for-profit or non-profit, that have the sole objective of restoring or enhancing water resources, including water quality and the functions wetlands and other surface waters provide to fish and wildlife, through measures such as: restoring hydrology and water circulation; re-establishing native vegetation; or otherwise restoring more desirable natural conditions that existed prior to human-induced disturbances.

(7) “Installation” is any structure, equipment, facility, or appurtenances thereto, operation or activity which is or may be a source of pollution as defined in Chapter 403, F.S. Installation includes dredging and filling as these terms are defined in Section 403.911, F.S.

(8) “Method Detection Limit (MDL)” is the smallest concentration of an analyte of interest that can be measured and reported with 99% confidence that the concentration will be greater than zero. The MDLs are determined from the analysis of a given matrix containing the analyte at a specified level. Determination of MDLs shall follow procedures determined in Appendix B to part 136 of 40 CFR, 1990, incorporated here by reference, or equivalent procedures complying with Chapter 62-160, F.A.C.

(9) “Operation permit” is the legal authorization granted by the Department to operate or maintain any installation for a specified period of time.

(10) “Permit condition” is a statement or stipulation which is issued with a permit and which must be complied with.

(11) “Permit” is the legal authorization to engage in or conduct any construction, operation, modification, or expansion of any installation, structure, equipment, facility, or appurtenances thereto, operation, or activity which will reasonably be expected to be a source of pollution.

(12) “Practical Quantification Limit (PQL)” is the lowest level that can be reliably achieved during routine laboratory operating conditions within specified limits of precision and accuracy, as reflected in the Department’s list of PQLs under subsection 62-4.246(4), F.A.C., or an alternative level established through equivalent procedures complying with Chapter 62-160, F.A.C.

(13) “Secretary” is the Secretary of the Department.

(14) “Temporary operation permit” is the legal authorization limited to a specified time granted by the Department to operate, maintain, construct, modify, expand, or make alterations to any installation in accordance with Section 403.088, F.S.

(15) “Equivalent Clean Closure” is available for interim status land disposal units that certified clean closure under 40 CFR Part 265 standards prior to March 19, 1987. These facilities must make an equivalency demonstration to meet 40 CFR Part 264 closure standards or the facility must obtain a closure permit containing post closure requirements.

Specific Authority 373.026, 373.043, 373.414, 373.418, 403.061, 403.805 FS. Law Implemented 373.109, 373.413, 373.414, 373.4145, 403.021, 403.031, 403.061, 403.087, 403.088, 403.802, 403.817 FS. History–New 3-4-72, Revised 5-17-72, Amended 6-10-75; Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 1, No. 28, 1-12-76; Joint Administrative Procedures Committee Objection Withdrawn – See FAW Vol. 3, No. 30, 7-29-77, Amended 3-11-81, 10-16-84, 12-10-84, Formerly 17-4.02, Amended 3-18-86, 8-31-88, 6-4-92, 11-16-92, 7-11-93, Formerly 17-4.020, Amended 4-3-03.