62-625.510. Pretreatment Program Review and Approval Procedures

(1) Completeness review. Within 60 days of receiving a request for approval of a pretreatment program, the Department shall determine if the submission meets the requirements of paragraph 62-625.500(4)(a), F.A.C. If the Department determines that the submission meets these requirements, the Department shall:

(a) Notify the public utility that the submission has been received and is under review; and

(b) Commence the public notice and evaluation activities set forth in subsection (2) below. If, after review of the submission, the Department determines that the submission does not comply with the requirements of paragraph 62-625.500(4)(a), F.A.C., the Department shall provide notice in writing to the public utility and each person who has requested individual notice. This notification shall identify any defects in the submission and advise the public utility, and each person who has requested individual notice, of the means by which the public utility can comply with the requirements of subsections 62-625.500(2) and (3), F.A.C.

(2) Public notice and opportunity for hearing. Within 20 working days after making a determination that a submission meets the requirements of paragraph 62-625.500(4)(a), F.A.C., the Department shall:

(a) Provide the public utility with a copy of a notice of request for approval of a pretreatment program. The public utility shall publish the notice in a newspaper(s) of general circulation within the jurisdiction served by the WWF, that meets the requirements of Sections 50.011 and 50.031, F.S., within 14 days of receipt of the request for publication. The public utility shall provide proof of publication to the Department, at the address specified in the request for publication, within 7 days of publication;

(b) Mail the notice of request for approval to all Federal and State agencies with jurisdiction over fish, shellfish and wildlife resources, and over coastal zone management plans, unless such agencies have asked not to be sent the notices. Those agencies include U.S. Advisory Council on Historic Preservation, U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the Florida Department of State, Division of Historical Resources, the Florida Fish and Wildlife Conservation Commission, the Florida Department of Community Affairs, the unit of local government having jurisdiction over the area where the WWF is located, and any other person or group who has requested individual notice, including those on appropriate mailing lists;

(c) Provide a period of not less than 30-days following the date of the public notice during which time interested persons may submit their written views on the submission. All written comments submitted during the 30-day comment period shall be retained by the Department and considered in the decision on whether or not to approve the submission to the Department. The period for comment may be extended by the Department;

(d) Provide an opportunity for the public utility, any affected State, any interested State or Federal agency, person or group of persons to request a public hearing with respect to the submission. This request for public hearing shall be filed within the 30-day (or extended) comment period described in paragraph (c) above and shall indicate the interest of the person filing such request and the reasons why a hearing is warranted;

(e) Hold a hearing in accordance with paragraph (d) above, if there is significant public interest in issues relating to whether or not the submission should be approved. Instances of doubt shall be resolved in favor of holding the hearing; and

(f) Provide the public utility with a copy of a notice of a hearing to consider a submission, if any hearing is requested. The notice shall be published by the public utility in the same newspaper as the notice of the original request for approval of the submission under paragraph (a) above. In addition, the notice of a hearing shall be sent by the Department to those persons requesting individual notice.

(3) Public access to submission. The Department shall ensure that the submission and any comments upon such submission are available to the public for inspection and copying. A copy of the submission shall also be made available to the public for inspection by the public utility.

(4) Deadline for review of submission. The Department shall have 90 days from the date of public notice of any submission complying with the requirements of paragraph 62-625.500(4)(a), F.A.C., to review the submission. The Department shall review the submission to determine compliance with the requirements of subsections 62-625.500(2) and (3), F.A.C. The Department shall have up to an additional 90 days to complete the evaluation of the submission if the public comment period provided for in paragraph (2)(c) above is extended beyond 30 days or if a public hearing is held as provided for in paragraph (2)(e) above. In no event, however, shall the time for evaluation of the submission exceed a total of 180 days from the date of public notice of a submission meeting the requirements of paragraph 62-625.500(4)(a), F.A.C.

(5) Department decision. At the end of the 30-day (or extended) comment period and within the 90-day (or extended) period provided for in subsection (4) above, the Department shall approve or deny the submission based upon the evaluation in subsection (4) above, taking into consideration comments submitted during the comment period and the record of the public hearing if held. Where the Department makes a determination to deny the request, the Department shall so notify the public utility and each person who has requested individual notice. The notification shall include suggested modifications and the Department shall allow the public utility additional time to bring the submission into compliance with applicable requirements.

(6) EPA review of Department’s decision. No pretreatment program shall be approved by the Department if, following the 30-day (or extended) evaluation period provided for in paragraph (2)(c) above and any hearing held as provided for in paragraph (2)(e) above, the EPA Regional Administrator sets forth, in writing, objections to the approval of such submission and the reasons for such objections. A copy of the EPA Regional Administrator’s objections will be provided to the public utility and each person who has requested individual notice. The EPA Regional Administrator will provide an opportunity for written comments and may convene a public hearing on his or her objections. Unless retracted, the EPA Regional Administrator’s objections shall result in a final ruling to deny approval of a pretreatment program 90 days after the date the objections are issued.

(7) Notice of decision. The Department shall notify those persons who submitted comments and participated in the public hearing, if held, of the approval or disapproval of the submission. In addition, the Department shall require the public utility to publish a notice of approval or disapproval, prepared by the Department, in the same newspaper as the original notice of request for approval of the submission was published.

(8) Permit reissuance or revision. If a WWF is required to develop a pretreatment program, the Department shall revise, or alternatively revoke and reissue, the WWF’s permit in order to incorporate requirements for pretreatment program development and implementation as enforceable conditions of the permit. The revision of a WWF’s permit for the purpose of incorporating these requirements shall be deemed a minor permit revision subject to the procedures in Rule 62-620.325, F.A.C.

Rulemaking Authority 403.061(7), (31), 403.0885, 403.815 FS. Law Implemented 403.0885, 403.815 FS. History–New 11-29-94, Amended 1-8-97, 5-10-10.