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Florida Administrative Code (Last Updated: April 18, 2024) |
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62. Department of Environmental Protection |
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D62. Departmental |
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62-611. Wetlands Application |
1(1) Any person who intends to discharge reclaimed water to wetlands shall file an application to construct a domestic wastewater treatment and disposal system(s), or file a petition for an exemption pursuant to Rule 3562-600.120, 36F.A.C., with a permit application. Such an application shall be filed using form 4962-620.910(16), 50F.A.C. The applicant must receive such a permit before construction of the wastewater facilities, or for existing wastewater facilities before construction of the modifications for discharge to wetlands. Management practices proposed by the applicant for the treatment of receiving wetland shall be included in the permit application and must be approved by the Department before implementation. In addition to meeting the requirements of this section, the applicant shall comply with all other applicable rules of the Department.
127(2) Any person who has a Department permit to discharge to wetlands pursuant to Rule 14262-600.120, 143F.A.C., shall not be regulated pursuant to Rule 62-611, F.A.C., unless the wastewater treatment plant is modified or expanded, or the point of discharge is relocated. After the initial period of operation under a permit and exemption issued pursuant to Rule 18462-600.120, 185F.A.C., the permittee may obtain an operation permit upon demonstration that all permit and exemption conditions and the provisions of Rule 20662-600.120, 207F.A.C., are being met and the discharge does not cause or contribute to violations of water quality standards contained in Chapter 62-302, F.A.C., in contiguous and downstream waters.
235(3) All other dischargers of reclaimed water to wetlands within the Department’s jurisdiction, permitted prior to May 1, 1986, if complying with the conditions of the permit, shall comply with the provisions of this section or comply with all applicable water quality standards, by May 1, 1991. The Department may consider modifications from baseline and operational monitoring requirements for these dischargers.
296(4) The applicant shall obtain sufficient legal interest in the treatment or receiving wetland to provide reasonable assurance that the treatment or receiving capability will not be adversely affected. Documentation of this legal interest shall be submitted to the Department with the application to construct a domestic wastewater treatment and disposal system.
348(5) The Department shall consider the adverse effects of dredging or filling on the treatment or receiving wetland. Minor dredging and filling which is associated with the construction of the discharge pipe(s) or spreader system or which is necessary for the installation of platforms or gauges for monitoring shall be reviewed as part of the application to construct a domestic wastewater treatment and disposal system. In reviewing any other dredge and fill permit application the Department shall apply the permitting criteria of subsection 431373.414(1), F.S., 433to contiguous and downstream waters and the treatment or receiving wetland. The permitting criteria of subsection 403.918(1), F.S., shall apply to contiguous and downstream waters and the treatment or receiving wetland except that the water quality criteria in subsection 47262-611.500(1), 473F.A.C., shall not apply in the treatment or receiving wetland and the water quality criteria in paragraph 49062-302.530(48)(b), 491F.A.C., shall not apply in hydrologically altered treatment wetlands. The Department shall make all reasonable attempts to evaluate the dredge and fill permit application concurrently with the application to construct a domestic wastewater treatment and disposal system.
528(6) The applicant shall provide the Department with reasonable assurances that public access to a treatment or receiving wetland shall be restricted unless high level disinfection is provided. Such reasonable assurances may include, but shall not be limited to posting of signs at regular intervals around the boundary of the treatment wetland and posting and gating all access roads to the treatment wetland, or similar restrictions.
594Specific Authority 596403.061, 597373.414(4) FS. 599Law Implemented 601403.051, 602403.061, 603403.085, 604403.086, 605403.087, 606403.088, 607373.414(4) FS. 609History– New 11-27-89, Formerly 17-611.600, Amended 12-26-96.
