64E-8.004. Annual Operating Permits, Existing Systems, Systems Constructed on or after 1/1/93, Annual Inspections and Regulations

(1) Annual operating permits are required for all Limited Use Public Water Systems, except those systems Registered per subsection (5), below. Issuance of initial annual operating permits for modified or newly constructed and approved Limited Use Public Water Systems is described in subsection 64E-8.002(10), F.A.C. Annual operating permits are not transferable to new persons, expire on September 30 of each year, and must be renewed on an annual basis.  Renewal and change of owner fees for annual operating permits are as follows:

(a) Limited use commercial water systems which serve family day care establishments as described in Chapter 65C-20, F.A.C.: Annual renewal; $30.00. Change of owner between October 1 and March 31; $30.00. Change of owner between April 1 and September 30; $15.00.

(b) All other Limited Use Public Water Systems: Annual renewal; $90.00. Change of owner between October 1 and March 31; $90.00. Change of owner between April 1 and September 30; $45.00.

(2) Existing Limited Use Public Water Systems that were constructed and initially placed into service prior to January 1, 1993, except those systems that obtain a Registration per subsection (5), below, must obtain an annual operating permit from the Department.

(a) To obtain an initial annual operating permit for an Existing system, the following must be submitted to the Department:

1. A completed Form DH 4092A, effective 9/07.

2. A $90.00 operating permit fee if between October 1 and March 31, or $45.00 operating permit fee if between April 1 and September 30. Limited use commercial water systems which serve family day care establishments as described in Chapter 65C-20, F.A.C., shall pay an operating permit fee of $30.00 if between October 1 and March 31, or $15.00 operating permit fee if between April 1 and September 30.

3. A site plan and a construction plan. Each such plan shall be a minimum size of 8.5 x 11 inches and of sufficient clarity for reproduction.

4. A well completion report, if available.

5. Satisfactory water quality analysis results for the following:

a. One (1) microbiological analysis of a source water sample per day for two (2) consecutive days.

b. One (1) microbiological analysis of a water sample from the distribution system.

c. One (1) Lead analysis of a first draw water sample collected from an indoor tap after the water has been undisturbed in the plumbing for at least six (6) hours.

d. One (1) Nitrate (Nitrate as N) analysis of a source water sample.

e. Any satisfactory analyses required per subsection 64E-8.006(4), F.A.C.

(b) The following requirements shall apply to Existing systems:

1. Minimum setback distances listed in subsection 64E-8.002(2), F.A.C., shall be met except that a system supplied by a well constructed prior to January 1, 1972, that is greater than or equal to fifty (50) feet from an OSTDS, or a well constructed prior to January 1, 1993, that is greater than or equal to seventy-five (75) feet from an OSTDS, shall be accepted without a variance if the OSTDS is in compliance with Chapter 64E-6, F.A.C.

2. The well must meet the construction standards that were required at the time of original installation for potable wells.

3. The system must maintain a minimum water pressure of twenty (20) pounds per square inch throughout the water system at all times.

4. The system shall contain no cross-connections.

5. The system must be equipped with a raw water source tap as described in paragraph 64E-8.002(3)(a), F.A.C., or, at a minimum, an outside untreated water tap or hose bib.

6. The system must meet all other operating and maintenance standards of Rule 64E-8.005, F.A.C.

7. Existing systems supplied by surface water or cisterns must meet the design and treatment standards of paragraph 64E-8.002(4)(e), F.A.C.

(c) Upon receipt of satisfactory items listed in paragraph (2)(a), above, and a satisfactory inspection by the Department that verifies compliance with paragraph (2)(b), above, the Department shall issue an annual operating permit to the supplier.

(d) If deficiencies are found, written notice shall be provided to the applicant by the Department. Re-inspection requests must be accompanied by a $40.00 fee.

(e) An Existing water system supplied by a domestic well that was constructed and initially placed into service prior to January 1, 1993, and that is now being converted into a Limited Use Public Water System, must obtain an annual operating permit according to the same requirements for Existing systems as listed in paragraphs (2)(a) through (d), above, or a Registration exemption as described in subsection (5), below.

(3) A Limited Use Public Water System that was constructed and initially placed into service on or after January 1, 1993, that did not obtain construction approval from the Department at the time of construction, or any water system that was constructed and initially placed into service on or after January 1, 1993, that is now being converted into a Limited Use Public Water System, must obtain an annual operating permit or a Registration exemption from the Department and is subject to all construction, water quality clearance and permitting requirements for new Limited Use Public Water Systems as described in Rule 64E-8.002, F.A.C.

(4) Each year, prior to expiration and renewal of a Limited Use Public Water System’s annual operating permit, the Department shall conduct an inspection of the water system and shall collect and perform one (1) microbiological analysis of a water sample from the distribution system for no additional fee. When treatment includes disinfection, one (1) microbiological source water sample shall also be collected and analyzed on the same day as the distribution water sample. The following standards shall be checked during the inspection and shall be in compliance prior to renewal of an annual operating permit:

(a) The water pressure must be a minimum of twenty (20) pounds per square inch throughout the water system at all times;

(b) The water system shall contain no cross-connections;

(c) The system must be equipped with:

1. For systems constructed after January 1, 1993: A raw water source tap as described in paragraph 64E-8.002(3)(a), F.A.C., and a structurally sound concrete apron as described in paragraph 64E-8.002(3)(c), F.A.C., or

2. For Existing systems: A raw water source tap as described in paragraph 64E-8.002(3)(a), F.A.C., or, at a minimum, an outside untreated water tap or hose bib.

(d) All chemically disinfected systems shall have an aboveground check valve between the raw water source tap and the disinfectant injection point;

(e) Chemically disinfected systems must be in compliance with the disinfectant residual limits of paragraph 64E-8.005(1)(d), F.A.C.;

(f) The system must be in compliance with all operating and maintenance standards listed in Rule 64E-8.005, F.A.C.

(g) The system or system use has not been modified without prior approval by the Department.

(h) The supplier has submitted all required routine water quality analysis results listed in subsection 64E-8.006(3), F.A.C.

If deficiencies are found, written notice shall be provided to the supplier by the Department. All reinspections conducted by the Department to verify correction of deficiencies are subject to a reinspection fee of $40.00.

(5) Suppliers of Limited Use Commercial Public Water Systems that do not make tap water available for public consumption are eligible for a Registration exemption if the system meets the water quality standards of subsection 64E-8.006(2), F.A.C., and does not require continuous disinfection to remove microbiological contamination. Registered systems are exempt from obtaining annual operating permits. If corrective treatment equipment is required to correct a chemical MCL or HAL violation, the supplier shall not be eligible for a Registration exemption and shall be required to obtain an annual operating permit, unless the treatment equipment is actively managed and maintained by the Department of Environmental Protection’s Water Supply Restoration Program.

(a) The supplier of a newly constructed and approved Limited Use Commercial Public Water System as described in subsection 64E-8.002(10), F.A.C., may apply for a Registration exemption by submitting a completed Form DH 4095, Application for Limited Use Commercial Water System Registration, along with a $15 application fee to the Department. Form DH 4095, effective 9/07, is hereby adopted and incorporated by reference, and can be obtained from the Department of Health, Division of Environmental Health/Water Programs at: 4052 Bald Cypress Way, Bin #C22, Tallahassee, Florida 32399-1742, at www.doh.state.fl.us/environment/water/manual/encl1.htm, or from the CHD. Upon receipt of these items and an inspection by the Department that verifies compliance with the above criteria for Registration, the Department shall issue written authorization to operate the Registered system.

(b) Eligible system owners of Existing systems may apply for a Registration exemption by submitting the following to the Department:

1. A completed Form DH 4092A, Application for Limited Use Public Water System Operation, along with a $90.00 application fee.  The Department shall waive this requirement upon conversion from a current annually permitted system to a Registered system.

2. A completed Form DH 4095, Application for Limited Use Commercial Water System Registration, along with a $15.00 application fee.

3. A site plan and a construction plan. Each drawing shall be a minimum size of 8.5 x 11 inches and of sufficient clarity for reproduction.

4. A well completion report, if available.

5. Satisfactory water quality analysis results for the following:

a. One (1) microbiological analysis of a source water sample per day for two (2) consecutive days and one (1) microbiological analysis of a water sample from the distribution system. The Department shall waive these microbiological sampling requirements if the system classification is being changed from a current annually permitted system to a Registered system, or if the supplier is applying for re-registration due to changes in business activity or ownership per paragraph (5)(f), below, provided that all previously required microbiological sample analyses have been satisfactory for the previous calendar year and the system has not been modified without prior approval from the Department.

b. One (1) Lead analysis of a first draw water sample collected from an indoor tap after the water has been undisturbed in the plumbing for at least six (6) hours, performed within the last five (5) years;

c. One (1) Nitrate (Nitrate as N) analysis of a distribution water sample, performed within the last five (5) years.

d. Any satisfactory analysis required per subsection 64E-8.006(4), F.A.C.

(c) Upon receipt of satisfactory items listed in paragraph (5)(b), above, and a satisfactory inspection by the Department that verifies compliance with subparagraphs (2)(b)1. through 6., above, the Department shall issue written authorization to operate the Registered system.

(d) If deficiencies are found, written notice shall be provided to the applicant by the Department. Re-inspection requests must be accompanied by a $40.00 fee.

(e) In order to retain their potable water status as is required by the Federal Occupational Health and Safety Administration under 29 C.F.R. §1910.141, July 1, 2007, and the Florida Plumbing Code, 2004, suppliers of Registered systems as described within this section must perform annual testing for bacteria in the form of one (1) satisfactory microbiological sample per year. Such analyses shall be performed no more than twelve (12) months apart and the results shall be provided to the Department no later than fifteen (15) days after the time period in which the sample was required. If this annual testing is not performed, the Department may revoke the Registration exemption and require the supplier to either obtain an annual operating permit per subsection (1), above, or reapply for Registration by submitting the items listed in subparagraphs (5)(b)2. through 5., above.

(f) Re-registration of eligible water systems is required prior to any change in business activity or upon change of system ownership. To re-register, the supplier shall submit the items listed in subparagraphs (5)(b)1. through 5., above.

Rulemaking Authority 403.862(1)(f), 381.006 FS. Law Implemented 381.006(1), 381.0062, 403.862(1)(f) FS. History–New 1-1-93, Amended 8-20-96, Formerly 10D-4.027, Amended 1-26-98, 1-24-00, 11-13-00, 10-7-02, 5-4-08.