64E-6.0151. Additive Use

(1) Any product sold or used in the state for use in an onsite sewage treatment and disposal system shall be in compliance with the requirements of Section 381.0065(4)(m), F.S. The following criteria shall be used in determining product compliance.

(a) Use of the product shall not result in violations of Surface Water Quality Rule 62-302.500, F.A.C., effective 5-15-2002, or Groundwater Quality Rules 62-520.400 and 62-520.420, F.A.C., effective 12-9-1996.

(b) The product’s formula itself shall not exceed water quality contaminant concentrations in Rule 62-302.500, F.A.C., effective 5-15-2002, or Rules 62-520.400 and 62-520.420, F.A.C., effective 12-9-1996.

(c) The product shall contain no substance in concentrations or amounts that would interfere with or prevent the successful operation of an onsite sewage treatment and disposal system.

(2) If the Department determines an onsite sewage treatment and disposal system product is not in compliance with the criteria in Rule 64E-6.0151, F.A.C., the Department shall notify the product manufacturer of the items in non-compliance. The product shall be allowed to be continued for sale and use in Florida for a maximum of 90 days from date of receipt of notification of violation. This is to allow the manufacturer an opportunity to exhibit to the department that the product satisfactorily complies with the conditions of Section 381.0065(4)(m), F.S., and this rule. In attempting to demonstrate compliance with Section 381.0065(4)(m), F.S., and this rule, the manufacturer shall provide at a minimum the following information:

(a) A listing of all physical, chemical, biological or other agents which make up the product and provide toxicity information for each component. This information shall include trade names, chemical names, and concentrations of all individual or complexed components and the Material Safety Data Sheet (MSDS) for the product. Any trade secret will be treated according to Section 381.83, F.S.

(b) A list of all known, expected, or possible reactions and by-products resulting from use of the product including the effect on bacteria, all standard contents of the tank, including sludge layer; scum layer; fats, oils and greases, and the effects on currently approved drainfield distribution systems.

(c) Test results from a State or EPA-certified laboratory demonstrating that use of the product will not result in violations of surface water or groundwater standards in Rule 64E-6.0151, F.A.C. Tests shall be conducted on the product as sold and the test results shall include:

1. Acute Definitive Toxicity test [96 hour LC50] according to EPA Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms (EPA-821-R-02-012), October 2002, herein incorporated by reference, for Pimephales promelas (fathead minnow) or any of the following species: Ceriodaphnia dubia (daphnid), Cyprinella leedsi (bannerfin shiner), Daphnia pulex and Daphnia magna (daphnids). The 96-hour LC50 shall be reported as a concentration in mg/l or ml/l, and;

2. Chemical analysis showing the concentrations of Volatile Organic Compounds [EPA 8260] to a minimum detection level of 0.5 ug/L (ppb).

(d) A description of the anticipated use of the product in onsite sewage treatment and disposal systems. Where and how the product is to be applied, any exceptions to application guidelines, the frequency of applications, who is allowed to perform the applications, and the amount and concentration of product per application shall be included in the product description. When the product should not be used shall also be included in the description. The information provided shall include the manufacturer’s recommended application rate of the product as it appears on the product label. Unless the product label provides other specifications, the department, for purposes of this evaluation, assumes that the application rate will be applied to a flow of 300 gallons per day into a 1000-gallon septic tank.

(e) All studies done on the use of the product which support or disputes the information required in Rule 64E-6.0151, F.A.C., and which demonstrates the product will not harm public health or the environment and will not impair system components and functioning. Monitoring reports and data from systems in use shall be provided if available.

(f) A signed and dated certification by the manufacturer that states: “I certify under penalty of law that these documents and all attachments, to the best of my knowledge and belief, are true, accurate and complete, and represent all available data for [name of product or products].”

(g) Scientific documentation demonstrating claimed benefits occurring due to the use of the product.

(3) If the department determines that the product does not comply with the provisions of Section 381.0065(4)(m), F.S., the department shall stop the sale of the product or take other actions deemed necessary to preclude the sale and use of the non-compliant product.

Rulemaking Authority 381.0065(4)(m) FS. Law Implemented 381.0065(4)(m), 381.0066 FS. History–New 3-22-00, Amended 5-24-04, 6-25-09.