62-550.102. Intent and Scope

(1) To assure that public water systems supply drinking water which meets minimum requirements, the Federal Government enacted PL 93-523, the “Safe Drinking Water Act.” The scheme of that law was to give primary responsibility for public water systems programs to states to implement a public water system program. Also, the legislature of Florida has enacted the “Florida Safe Drinking Water Act,” Sections 403.850-.864, F.S. This chapter and Chapters 62-555 and 62-560, F.A.C., are promulgated to implement the requirements of the Florida Safe Drinking Water Act and to acquire and maintain primacy for Florida under the Federal Act. This chapter and Chapters 62-555 and 62-560, F.A.C., adopt national primary and secondary drinking water standards of the Federal Government where possible, and otherwise create additional rules to fulfill state and Federal requirements.

(2) The Safe Drinking Water Act and the Florida Safe Drinking Water Act exclude certain public water systems from coverage. The drinking water rules in Chapters 62-550, 62-555, and 62-560, F.A.C., apply to all public water systems except those which meet all of the following criteria:

(a) Consist of distribution and storage facilities only and do not have any collection or treatment facilities;

(b) Obtain all water from, but are not owned or operated by, a public water system to which such rules apply;

(c) Do not sell water to any person; and

(d) Are not carriers which convey passengers in interstate commerce.

(3) For the purpose of subsection (2) above, the phrase “sell water to any person” shall mean distribute water to land owned by another person as well as bill separately or specifically for the water. Also, for the purpose of subsection (2) above, the phrase “treatment facilities” shall exclude treatment facilities that are not necessary to achieve, and will not adversely affect, compliance with applicable drinking water standards and requirements.

(4) This chapter sets the drinking water standards, monitoring requirements, and treatment techniques to be met by public water systems and the testing protocol required for certified laboratories.

(5) Chapter 62-555, F.A.C., sets the permitting requirements for public water systems including the location and construction of wells serving the system and the treatment plant. Construction of public water systems require permits and the use of lead free pipes, plumbing fixtures, solder and flux. General permits for public water systems are included. Engineering references are listed.

(6) Chapter 62-560, F.A.C., gives the description of the violations of Chapters 62-550, 62-555 and 62-560, F.A.C., and the resulting penalties. In addition, this chapter describes public notification requirements for public water systems that do not meet applicable maximum contaminant levels, maximum residual disinfectant levels, and treatment technique requirements; do not meet applicable monitoring requirements; or have a variance or exemption. This chapter also describes the availability and processes for receiving variances, exemptions, and waivers. Additionally, Best Available Technology is listed for various contaminants and disinfectant residuals.

Rulemaking Authority 403.861(9) FS. Law Implemented 403.851, 403.853 FS. History–New 11-9-77, Amended 1-13-81, Formerly 17-22.102, Amended 1-18-89, Formerly 17-550.102, Amended 12-9-96, 11-27-01, 4-3-03, 11-28-04.