62-600.520. Discharge to Surface Waters - (Coastal and Open Ocean)  


Effective on Sunday, January 16, 2022
  • 1(1) Outfalls for all facilities shall not discharge reclaimed water or effluent to coastal or open ocean waters which does not meet, at a minimum, applicable secondary treatment and pH crit32eria contained in Rules 3662-600.420 37and 3862-600.445, 39F.A.C. Where applicable, discharges to coastal waters shall be subject to the limitations of Rule 5462-4.242, 55F.A.C., regarding Outstanding Florida Waters, subsection 6162-600.510(5), 62Rule 6362-302.530, 64F.A.C., regarding discharge to Class II waters, and subsection 7362-600.510(6), 74F.A.C., regarding waters contiguous to 79or tributary to 82Class II waters, and Section 87403.086, F.S., 89regarding the discharge of domestic wastewater through ocean outfalls.

    98(2) Outfalls for all facilities shall not discharge effluent or reclaimed water to Class III coastal waters which has not also received basic disinfection prior to the discharge. Outfalls for all facilities shall not discharge effluent to open ocean waters without also being disinfected to the extent necessary to achieve Class III microbiological standards contained in Rule 15562-302.530, 156F.A.C., at the edge of the mixing zone established pursuant to subsection 16862-600.520(3), 169F.A.C. If basic disinfection is not provided, the preliminary design report shall affirmatively demonstrate the level of disinfection that is more appropriate.

    191(3) Mixing zones for effluent discharges via ocean outfalls may be established as follows:

    205(a) All coastal water discharge facilities shall be subject to the applicable provisions of Rule 22062-4.244, 221F.A.C.

    222(b) All open ocean water discharge facilities shall be subject to the applicable provisions of Rule 23862-4.244, 239F.A.C., except that:

    2421. Appropriate dimensions of the mixing zone, for effluents having received treatment in accordance with subsections 25862-600.520(1) 259and 26062-600.520(2), 261F.A.C., and discharged from new facilities or modifications of existing facilities, shall be established by the permittee pursuant to the provisions of subsection 28462-600.520(5), 285F.A.C.

    2862. Mixing zone criteria currently applicable to existing facilities shall be modified if necessary to meet Department rules by order of the Secretary, pursuant to subsection 31262-600.520(5), 313F.A.C.

    314(4) Alternative levels of treatment shall be allowed for ocean outfall discharges to open ocean waters provided the following are met:

    335(a) The Secretary issues an order, upon petition of an affected permittee and after public hearing, that specifies alternatives to treatment requirements of subsection 35962-600.420(2), 360and rule 36262-600.520, 363F.A.C.; and mixing zone requirements of rule 37062-4.244, 371F.A.C.; and,

    373(b) Such order shall remain in effect as long as applicable water quality criteria specified in chapter 62-302, F.A.C., are met and the effluent meets statutory treatment requirements; however:

    402(c) Such order shall be issued only after affirmative demonstration by the Petitioner of the following:

    4181. Granting the order is in the public interest; and,

    4282. Compliance with minimum treatment standards and requirements in subsection 43862-600.420(2), 439and rule 44162-600.520, 442F.A.C., for these discharges is not required to assure adequate protection of public health and the marine environment; and,

    4613. Granting the order will not interfere with existing uses or the designated uses of the receiving waters or contiguous waters, or otherwise impair the recreational use, bathing waters, or economic values associated with the area potentially affected by the discharge; and,

    5034. There is no reasonable relationship between the economic, social, and environmental costs of compliance with the treatment requirements and the benefits associated therewith; and,

    5285. Oceanographic features influencing the effects of the proposed discharge support the proposed level of treatment and any proposed extent of the mixing zone; and,

    5536. The facility will be constructed (where applicable) and operated so that there is no occurrence of inadequately treated wastewater reaching contiguous coastal waters; and,

    5787. An acceptable monitoring program for the discharge has been proposed and would be implemented by the permittee.

    596(5) Discharges from outfalls to coastal recreation waters shall meet the criteria for enterococci established in 61240 C.F.R. Part 131.41, 616as codified on July 1, 2020, which is hereby adopted and incorporated by reference 630http://www.flrules.org/Gateway/reference.asp?No=Ref-13448632.

    633(6) 634The discharge of domestic wastewater through ocean outfalls is prohibited after December 31, 2025, except as a backup discharge that is part of a functioning reuse system or other wastewater management system authorized by the department. A backup discharge may occur only during periods of reduced demand for reclaimed water in the reuse system, such as periods of wet weather, or as a result of peak flows from other wastewater management systems, and must comply with the advanced wastewater treatment requirements of Section 717403.086(10)(b), F.S. 719Discharges for maintenance purposes require prior approval by the department.

    729Rulemaking Authority 731403.051, 732403.061, 733403.086, 734403.087, 735403.088 FS. 737Law Implemented 739403.021, 740403.051, 741403.061, 742403.062, 743403.085, 744403.086, 745403.087, 746403.088, 747403.859 FS. 749History–New 11-27-89, Amended 1-30-91, Former754ly 17-600.520, Amended 10-11-13, 2-8-16, 9-27-21, 1-16-22.