62-604.550. Abnormal Events

(1) The provisions of rule 62-604.550, F.A.C., are applicable to both new and existing domestic wastewater collection/transmission systems.

(2) The owner/operator of the collection/transmission system shall report to the Department all unauthorized releases or spills of wastewater to surface or ground waters from its collection/transmission system or any other abnormal events as described below:

(a) For unauthorized releases or spills in excess of 1,000 gallons per incident, or other abnormal events where information indicates that public health or the environment will be endangered, oral reports shall be provided to the Department by calling the State WATCH OFFICE toll free number [phone] as soon as practicable, but no later than 24 hours from the time that the owner/operator becomes aware of the discharge. The owner/operator, to the extent known, shall provide the following information to the State Watch Office:

1. Name, address, and telephone number of person reporting,

2. Name, address, and telephone number of owner/operator of the collection/transmission system or responsible person for the discharge,

3. Date and time of the discharge and status of discharge (ongoing or ceased),

4. Characteristics of the wastewater spilled or released (untreated or treated, industrial or domestic wastewater),

5. Estimated amount of the discharge,

6. Location or address of the discharge,

7. Source and cause of the discharge,

8. Whether the discharge was contained on-site, and cleanup actions taken to date,

9. Description of area affected by the discharge, including name of water body affected, if any; and,

10.Other persons or agencies contacted.

(b) Oral reports, not otherwise required to be provided pursuant to subparagraph (a) above (i.e. unauthorized releases or spills of 1,000 gallons per incident or less and where information indicates that public health or the environment will not be endangered), shall be provided to the Department within 24 hours from the time the owner/operator of the collection/transmission system becomes aware of the circumstances.

(c) The oral notification shall be followed by a written submission, which shall be provided within five days of the time that the owner/operator becomes aware of the circumstances. The written submission shall contain: a description of the spill, release or abnormal event and its cause; the period and duration of noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; clean-up actions taken and status; steps taken or planned to reduce, eliminate, and prevent recurrence; the type of sanitary sewer overflow structure (e.g., manhole); the discharge location address and latitude/longitude; type of water discharged; discharge volumes and volumes recovered; volume discharged to surface waters and receiving waterbody name; types of human health and environmental impacts of the sanitary sewer overflow (e.g., beach closure); whether the noncompliance was caused by a third party (e.g., contractor); and, whether the sanitary sewer overflow was related to wet weather. The written submission may be provided electronically using the Department’s Business Portal at https://www.fldepportal.com/go/ (via “Submit” followed by “Report” or “Registration/Notification”). Notice required for public notice of pollution under paragraph (d) may be provided together with the written submission using the Business Portal. All written submissions related to sanitary sewer overflows submitted after October 4, 2021 shall be submitted electronically. The Department shall waive the written report if the oral report has been received within 24 hours from the time that the owner/operator of the collection/transmission system becomes aware of the circumstances, and the release, spill or abnormal event has been corrected and did not endanger health or the environment.

(d) In accordance with Section 403.077, F.S., unauthorized releases or spills reportable to the State Watch Office pursuant to paragraph (a) above shall also be reported to the Department within 24 hours from the time the permittee becomes aware of the discharge. The permittee shall provide to the Department information reported to the State Watch Office. Notice of unauthorized releases or spills may be provided to the Department through the Department’s Public Notice of Pollution web page at https://floridadep.gov/pollutionnotice or by reporting electronically using the Department’s Business Portal at https://www.fldepportal.com/go/ (via “Submit” followed by “Report” or “Registration/Notification”).

1. If, after providing notice pursuant to paragraph (d) above, the permittee determines that a reportable unauthorized release or spill did not occur or that an amendment to the notice is warranted, the permittee may submit a letter to the Department documenting such determination at [e-mail].

2. If, after providing notice pursuant to paragraph (d) above, the permittee discovers that a reportable unauthorized release or spill has migrated outside the property boundaries of the installation, the permittee must provide an additional notice to the Department that the release has migrated outside the property boundaries within 24 hours after its discovery of the migration outside of the property boundaries.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.088, 403.182 FS. History– New 11-27-89, Amended 6-4-92, 5-31-93, Formerly 17-604.550, Amended 12-26-96, 11-6-03, 10-4-21.