The combination of Chapters 62-520 and 62-522, F.A.C., into this one chapter will facilitate finding the rule requirements more easily. Also to update requirements for ground water monitoring plans, better describe procedures for obtaining water ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-520.200: Definitions for Ground Water
62-520.300: Purpose, Intent and General Provisions for Ground Water Classes, Standards, and Exemptions
62-520.310: General Provisions for Ground Water
62-520.410: Classification of Ground Water, Usage, Reclassification
62-520.420: Standards for Class G-I and Class G-II Ground Water
62-520.465: Dimensions of Zones of Discharge for Class G-II Ground Water
62-520.470: Permit Renewal and Modification Procedures for Installations Discharging to Ground Water
62-520.500: Exemptions for Installations Discharging Into Class G-I or G-II Ground Water
62-520.510: Exemptions for Installations Discharging Into Class G-III and G-IV Ground Water
62-520.520: Exemptions from Secondary Drinking Water Standards Outside a Zone of Discharge in Class G-II Ground Water
62-520.600: Ground Water Monitoring Requirements and Exemptions
62-520.700: Ground Water Corrective Action
62-520.900: Ground Water Forms
PURPOSE AND EFFECT: The combination of Chapters 62-520 and 62-522, F.A.C., into this one chapter will facilitate finding the rule requirements more easily. Also to update requirements for ground water monitoring plans, better describe procedures for obtaining water quality criteria exemptions, include two new guidance documents, and update a form.
SUMMARY: Combining Chapters 62-520 and 62-522, F.A.C., into this one chapter, updating monitoring plan requirements, deleting Environmental Regulation Commission directives because the statute deleted this under the Commission's powers many years ago, deleting the 1992 drinking water standards grandfathering because it is now outdated, updating the procedures for obtaining an enlarged zone of discharge and water quality criteria exemptions, including two new guidance manuals for ground water monitoring plan design and monitoring well design and construction, and modifying two ground water forms.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 403.061, 403.087 FS.
LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.087, 403.0875, 403.0877, 403.088, 403.502, 403.702 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 25, 2008, 9:00 a.m.
PLACE: Conference room 609, Department of Environmental Protection, 2600 Blair Stone Rd., Tallahassee, FL
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Linda Clemens, telephone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linda Clemens, DEP, MS 3580, 2600 Blair Stone Rd., Tallahassee, FL 32399-2400; telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-520.200 Definitions for Ground Water.

(1) through (8) No change.

(9) “Effluent Limitation” means any restriction established by the Department on quantities, rates or concentrations of chemical, physical, biological or other constituents that which are discharged from sources into waters of the State.

(10) “Existing Installation” means, for the purposes of this chapter, any installation which had filed a complete application for a water discharge permit on or before January 1, 1983, or which submitted a ground water monitoring plan no later than six months after the date required for that type of installation as listed in Rule 17-4.245, F.A.C. (1983), and a plan was subsequently approved by the Department; or which was in fact an installation reasonably expected to release contaminants into the ground water on or before July 1, 1982, and operated consistently with statutes and rules relating to ground water discharge in effect at the time of the operation.

(a) The chart in (b) below contains the types of discharge and the dates in former Rule 17-4.245, F.A.C. (1983), by which a written ground water monitoring plan was required to be submitted to the Department.

(b) Monitoring Plan Deadlines:

Organic WasteJanuary 1983

Inorganic WasteApril 1983

Landfills (domestic and industrial)May 1983

Industrial Septic TanksAugust 1983

Pulp and PaperAugust 1983

Phosphogypsum Stacks and PondSeptember 1983

LaundriesOctober 1983

Oil and Gas ProducersDecember 1983

CitrusDecember 1983

Food and BeveragesJanuary 1984

Domestic WasteFebruary 1984

Power PlantsFebruary 1984

Mining and MaterialsMarch 1984

OthersMarch 1984

(11) “Extractable Semivolatile Organics” means any number of synthetic organic compounds that are isolated using an organic solvent and analyzed by chromatographic techniques (gas or liquid).

(12)(10) No change.

(13)(11) “Installation” means any structure, equipment, facility, or appurtenances thereto, operation or activity that which may be a source of pollution.

(12) through (17) renumbered (14) through (19) No change.

(20) “Spring” means a point where ground water emerges onto the earth’s surface, including under any surface water of the state, excluding seeps. The term “spring” shall include karst windows, a depression opening that reveals portions of a subterranean flow or the unroofed portion of a cave.

(21)(18) No change.

(22)(19) “Unconfined Aquifer” means an aquifer that which has a water table.

(23) “Volatile Organics” means any number of compounds listed in analytical methods that use a purge and trap technique for sample introduction.

(24)(20) “Wastes” means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances that which may pollute or tend to pollute any waters of the State.

(21) through (24) renumbered (25) through (28) No change.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-520.200, Amended________.

 

62-520.300 Purpose and, Intent and General Provisions for Ground Water Classes, Standards, and Exemptions.

(1) Purpose.

(a) through (e) No change.

(f) The Commission requests Tthe Department shall  Secretary to seek and uses the best environmental information available when making decisions on the effects of chronically and acutely toxic substances and carcinogenic, mutagenic, and teratogenic substances. Additionally, the Department shall Secretary is requested to seek and encourages innovative research and development in waste treatment alternatives that might better preserve environmental quality and at the same time reduces the energy and dollar costs of operation.

(g) No change.

(h) The criteria set forth in this chapter are minimum levels that which are necessary to protect the designated use of ground waters. It is the intent of the Commission that Ppermit applicants shall should not be penalized because of a low detection limit associated with any specific criterion.

(2) History of Intent.

(a) through (c) No change.

(d) Paragraphs (a) through (c) encompass an even-handed and balanced approach to attainment of water quality objectives. The Commission specifically recognized that the social, economic, and environmental costs may, under certain circumstances, outweigh the social, economic, and environmental benefits if the numerical criteria are enforced statewide. It is for that reason that the Commission provided for zones of discharge, exemptions, and other provisions in chapters of Title 62, F.A.C. Furthermore, the continued availability of moderating provisions is a vital factor providing a basis for the Commission’s determination that water quality standards applicable to ground water classes in this chapter are attainable, taking into consideration environmental, technological, social, economic, and institutional factors. The companion provisions of Chapter 17-4 (now in Chapter 62-5202) and 17-6 (now in Chapters 62-600, 62-601, 62-610, 62-611, 62-660, and 62-670), F.A.C., originally approved simultaneously with the water quality standards contained in this chapter are a substantive part of the state’s comprehensive program for the control, abatement, and prevention of water pollution.

(e) No change.

(3) No change.

(4) This chapter contains criteria which are applicable to ground water.

(5) To determine if the ground water criteria in this Chapter are being met, ground water quality shall be monitored in accordance with this rule and Chapter 62-522, F.A.C.

(6) A violation of any ground water criterion contained in this chapter constitutes pollution.

(7) In addition to any technology-based effluent limitations required by Department rule, the Department shall also specify water quality-based effluent limitations when necessary to assure that the water quality criteria will be met.

(8) Notwithstanding the classification and criteria for ground water set forth in this Chapter, discharge to ground water shall not impair the designated use of contiguous surface waters.

(9) Compliance with ground water standards shall be determined by analyses of unfiltered ground water samples, unless a filtered sample is as or more representative of the particular ground water quality, as described in the Department’s technical document, “Determining Representative Ground Water Samples, Filtered or Unfiltered,” January 1994, hereby incorporated and adopted as a reference. This document is available from the Department's Bureau of Drinking Water and Ground Water Resources, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(10) For owners of installations having filed a complete application for a Chapter 403, F.S., permit covering water discharges as of January 1, 1983, or discharging pollutants to ground water as of July 1, 1982, compliance with the minimum criteria set forth in Rule 62-520.400, F.A.C., shall be determined by analysis of the constituents of the waste stream of the installation causing the discharge; provided, however, that the installation owner may, at his option, place a monitoring well immediately outside the site boundary to measure compliance with the minimum criteria, as long as the discharge poses no danger to the public health, safety or welfare.

Specific Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.502, 403.702 FS. History–Formerly 17-3.071, Amended and Renumbered 1-1-83, Formerly 17-3.401, Amended 9-8-92, 4-14-94, Formerly 17-520.300, Amended 12-9-96, ________.

 

62-520.310 General Provisions for Ground Water.

(1) A violation of any ground water standard or criterion contained in this chapter constitutes pollution.

(2) Notwithstanding the classification and criteria for ground water set forth in this chapter, discharge to ground water shall not impair the designated use of contiguous surface waters.

(3) In addition to any technology-based effluent limitations required by Department rule, the Department shall also specify water quality-based effluent limitations when necessary to assure that water quality criteria will be met.

(4) This chapter contains the ground water provisions generally applicable unless other rule chapters for specific types of installations have other requirements for ground water discharges applicable to those installations.

(5) Compliance with ground water standards shall be determined by analyses of unfiltered ground water samples, unless a filtered sample is as or more representative of the particular ground water quality, as described in the Department's technical document, “Determining Representative Ground Water Samples, Filtered or Unfiltered,” January 1994, hereby incorporated and adopted as a reference. This document is available from the Department’s Bureau of Water Facilities Regulation, MS 3580, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(6) For owners of an existing installation, compliance with the minimum criteria set forth in Rule 62-520.400, F.A.C., shall be determined by analysis of the constituents of the waste stream of the installation causing the discharge; provided, however, that the installation owner may, at his option, place a monitoring well immediately outside the site boundary to measure compliance with the minimum criteria, as long as the discharge poses no danger to the public health, safety or welfare.

(7) Unless exempted by Rule 62-520.500, 62-520.510, or 62-520.520, F.A.C., no installation shall directly or indirectly discharge into ground water any contaminant that causes a violation of the water quality standards or minimum criteria for the receiving ground water as established in this chapter, except within a zone of discharge established by permit or Rule 62-520.465, F.A.C.

(8) Zones of discharge shall be allowed for projects or facilities that allow direct contact with ground water listed in paragraphs (a) through (c) below, and that provide beneficial discharges through wells to ground water as described herein or in the cited rules.

(a) Projects designed to recharge aquifers with surface water of comparable quality, or projects designed to transfer water across or between aquifers of comparable quality for the purpose of storage or conservation;

(b) Facilities permitted under Rule 62-610.466, F.A.C., for aquifer storage and recovery of reclaimed water, subsection 62-610.560(3), F.A.C., for ground water recharge by injection of reclaimed water, or subsection 62-610.562(4), F.A.C., for creation of salinity barrier systems by injection of reclaimed water; and

(c) Department-approved aquifer remediation projects that use Class V, Group 4, underground injection control wells as described in paragraph 62-528.600(2)(d), F.A.C. A zone of discharge shall be allowed for the primary standards for ground water for closed-loop re-injection systems and for the prime constituents of the reagents used to remediate site contaminants, and for the secondary standards for ground water, as specified in a Department-approved remedial action plan that addresses the duration and size of the zone of discharge, and ground water monitoring requirements.

(9) Other discharges through wells or sinkholes that allow direct contact with Class G-I, Class F-I, or Class G-II ground water shall not be allowed a zone of discharge.

(10) Discharges that may cause an imminent hazard to the public or the environment through contamination of underground supplies of drinking water or surface water affected by the ground water shall not be allowed a zone of discharge.

(11) Installations operated to render water fit for human consumption and that dispose of non-hazardous concentrates from membrane separation technologies, such as reverse osmosis, membrane softening, ultra-filtration, and electrodialysis, through land application operations are exempt from meeting the primary and secondary drinking water standards, provided the applicant demonstrates that the receiving unconfined aquifer exhibits a natural background total dissolved solids concentration exceeding 1500 mg/L. Installations discharging to such aquifers shall not cause a violation of primary or secondary drinking water standards at any private or public water supply well outside of the installation's property boundary.

(12) It is the intent of the Department whenever possible to incorporate ground water discharge considerations into other Department permits as appropriate, and not to require a separate permit for discharges to ground water. However, any published notice of proposed agency action on an application for a permit shall contain notice, when appropriate, that ground water considerations are being incorporated into such permits.

(13) The purpose of monitoring is to ensure that the permitting of zones of discharge, or the granting of exemptions, will not cause a violation of ground water standards. Ground water monitoring is intended to allow predictions to be made of the movement and composition of the discharge plume and compliance with applicable state ground water standards at the boundary of the zone of discharge. Efforts shall be made to minimize the number and cost of monitoring wells, consistent with the ability to obtain useful and reliable information.

(14) Existing installations discharging to Class G-II ground water are exempt from compliance with secondary standards outside of a zone of discharge obtained by Department permit or rule, except where compliance is required under Rule 62-520.520, F.A.C.

Specific Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.502, 403.702 FS. History–New ________.

 

62-520.410 Classification of Ground Water, Usage, Reclassification.

(1) All ground water of the State is classified according to designated uses as follows:

Class F-I              Potable water use, ground water in a single source aquifer described in Rule 62-520.460, F.A.C., with which has a total dissolved solids content of less than 3,000 mg/Ll and was specifically reclassified as Class F-I by the Commission.

Class G-I              Potable water use, ground water in a single source aquifers that which has a total dissolved solids content of less than 3,000 mg/Ll and was specifically reclassified by the Commission.

Class G-II              Potable water use, ground water in aquifers with which has a total dissolved solids content of less than 10,000 mg/Ll, unless otherwise classified by the Commission.

Class G-III              Non-potable water use, ground water in unconfined aquifers with which has a total dissolved solids content of 10,000 mg/Ll or greater; or with a which has total dissolved solids content of 3,000-10,000 mg/Ll and either has been reclassified by the Commission as having no reasonable potential as a future source of drinking water, or has been designated by the Department as an exempted aquifer pursuant to Rule 62-528.300(3), F.A.C.

Class G-IV              Non-potable water use, ground water in confined aquifers with which has a total dissolved solids content of 10,000 mg/Ll or greater.

(2) through (3) No change.

(4) Ground water quality classifications are arranged in order of the degree of protection required, with Class G-I and F-I ground water requiring having generally the most stringent water quality criteria and Class G-IV the least.

(5) Reclassification of ground water as provided in subsection (l) above shall be accomplished in the following manner:

(a) Any substantially affected person or a water management district may seek reclassification of any ground water of the State by filing a petition with the Department’s agency clerk in the Office of General Counsel, MS 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 Secretary in the form required by Rule 28-103.006, F.A.C. In addition, the Department, on its own initiative or at the direction of the Commission, may seek reclassification by initiating rulemaking under Section 120.54, F.S. pursuant to Rule 62-110.103, F.A.C.

(b) A petition for reclassification shall contain the information necessary to support the affirmative findings required in this rule.

(c) Before any ground water can be reclassified: All reclassifications of ground water of the State shall be adopted after

1. If a petition for reclassification is the impetus for such reclassification, the Department shall provide the petitioner with the public notice, to be published, at least 21 days before the Environmental Regulation Commission's rule adoption public hearing, in the legal advertising section of a newspaper of general circulation in the area of the proposed reclassified ground water. The proposed reclassification will establish the present and future most beneficial use of the ground water; and

2. If the Department seeks reclassification without a petition being filed, the Department shall provide for newspaper publication as described above. Such a reclassification is clearly in the public interest.

3. In addition, the Department, through its rulemaking notice, shall publish the proposed rule as required under Chapter 120, F.S., and the Department will provide written notification to local governments whose jurisdiction overlies includes any portion of the ground water proposed to be reclassified., and public hearing, only upon an affirmative finding by the Commission that:

(d) Reclassification of ground water of the State which establishes more stringent or less stringent criteria than presently established by this Chapter shall be adopted only upon additional affirmative findings by the Commission that:

1. The proposed reclassification will establish the present and future most beneficial use of the ground water;

2. Such a reclassification is clearly in the public interest; and

3. Tthe proposed designated use is attainable, upon consideration of environmental, water quality, technological, social, economic, and institutional factors.

(6) No change.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.061 FS. History–Formerly 28-5.06, 17-3.06, 17-3.081, Amended and Renumbered 1-1-83, Formerly 17-3.403, Amended 9-8-92, Formerly 17-520.410, Amended_______.

 

62-520.420 Standards for Class G-I and Class G-II Ground Water.

(1) In addition to the minimum criteria provided in Rule 62-520.400, F.A.C., waters classified as Class G-I and Class G-II ground water shall meet the primary and secondary drinking water quality standards for public water systems established pursuant to the Florida Safe Drinking Water Act, which are listed in Rules 62-550.310 and 62-550.320, F.A.C., shall apply to Class G-I and Class G-II ground water. Eexceptions are for existing installations not having to meet secondary standards as provided in Rule 62-520.520, F.A.C., and subsections (4) and (5) below;, and except that the total coliform bacteria standard shall be four (4) per 100 milliliters; and that. In addition, the primary drinking water standard for public drinking water systems for asbestos shall not apply as a ground water standard.

(2) through (3) No change.

(4) These primary and secondary standards shall not apply within a permitted zone of discharge as provided in Rule 62-520.465 Chapter 62-522, F.A.C. The minimum criteria specified in Rule 62-520.400, F.A.C., shall apply within the zone of discharge.

(5) Installations legally discharging or permitted to discharge to Class G-I, Class G-II, and Class F-I ground water on or before August 1, 1992, shall not be required to comply with the additional or more stringent drinking water standards approved for adoption by the Commission on July 27, 1992, and effective January 1, 1993, until January 1, 1995. However, all installations discharging to these ground waters are prohibited from causing a violation of such standards at any private or public water supply well outside the zone of discharge.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–Formerly 17-3.101, Amended and Renumbered 1-1-83, Formerly 17-3.404, Amended 9-8-92, 10-6-92, 4-14-94, Formerly 17-520.420, Amended_________.

 

62-520.465 Dimensions of Zones of Discharge for Class G-II Ground Water.

Upon affirmative demonstration by an applicant or installation owner that a ground water discharge will not impair the designated uses of contiguous waters outside a zone of discharge, the Department shall establish a zone of discharge for Class G-II ground water, in one (1) of the following ways:

(1) No change.

(2) A zone of discharge for any installation that is not an existing installation as defined herein shall be established in accordance with paragraph (a) or (b) below, and paragraph (c) if applicable, at the permit applicant's option, but the zone of discharge shall not extend beyond the applicant’s property boundary:

(a) No change.

(b) The Department shall establish a zone of discharge larger than that provided in paragraph (a) above upon an affirmative demonstration by the applicant that:

1. The size and shape of the requested zone of discharge will not cause violations of applicable ground water standards in present and future potable water supplies; and

2. The size and shape of the requested zone of discharge will not interfere with existing or designated uses of contiguous waters, or cause a violation of applicable surface water quality criteria of contiguous waters outside a permitted mixing zone; and

3. The economic and social benefits of a zone of discharge of larger dimensions than those in subparagraph (a)1. above outweigh the economic, environmental, and social costs resulting from the larger zone of discharge.

(c) No change.

(3) Unless otherwise required by Department rule, the following installations shall not be required to obtain a permit establishing a zone of discharge. These installations shall have a zone of discharge of 100 feet from the site or to the installation's property boundary, whichever is less, unless a different zone is specified in any appropriate Department permit. If the discharge from the installation threatens to violate ground water standards at the boundary of the zone of discharge, violates minimum criteria, or otherwise threatens to impair the designated use of contiguous waters, the Department shall require the installation owner to obtain a permit that which addresses the ground water discharge if the installation he has none, define an appropriate zone of discharge or modify it if a permit exists, and institute appropriate monitoring plans pursuant to Rule 62-520522.600, F.A.C.

(a) through (c) No change.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-522.410, 62-522.410, Amended________.

 

62-520.470 Permit Renewal and Modification Procedures for Zones of Discharge or Monitoring Requirements Installations Discharging to Ground Water.

(1) At any time, including the time of permit renewal, the Department may order or a permittee may petition for modification of the zone of discharge or monitoring requirements for any of the following reasons, or reasons contained in Rule 62-4.080, F.A.C.

(a) through (d) No change.

(e) The monitoring data provided by the installation owner are inadequate to allow a determination of compliance with applicable zone of discharge limitations and the owner fails to provide reasonable additional data requested by the Department; or

(f) No change.

(2) No change.

(3) If a modification is requested pursuant to subsection (1) above, a zone of discharge shall be established as follows:

(a) The zone of discharge modification described in subsection (1) above shall be based upon a showing that one (1) or more of the conditions in paragraphs (1)(a) through (f) above has occurred.

(b) Once the party seeking the modification has established that one (1) or more of the conditions in paragraphs (1)(a) through (f) above has occurred, the Department shall modify the zone of discharge or monitoring requirements to assure that none of the conditions in paragraphs (1)(a) through (c) above will continue to occur, based upon the monitoring data received from the monitoring program implemented pursuant to this chapter Rule 62-522.600, F.A.C.

(c) No zone of discharge shall be modified to allow it to extend beyond the limits of the installation owner's property boundary line except as provided in paragraph (d) below.

(d) An owner of an existing installation may petition the Department in writing for a permit modification to extend its zone of discharge for certain specified water quality parameters., and Tthe Department shall modify the installation's permit to include such extension if the owner affirmatively demonstrates that conditions 1. through 4. below are met. The permit modification procedures for an extension of a zone of discharge, including those of newspaper notice publication, shall be the same as any other permit modification procedure except that condition 5. below shall also apply.

1. No change.

2. The discharge shall not in the foreseeable future result in a violation of applicable ground water standards in a currently used source of drinking water outside the zone of discharge; and

3. through 4. No change.

5. The permittee Department shall provide a copy of the petition written notice to the property owners of the property underlain by the proposed extended zone of discharge by certified mail return receipt requested within 10 days from submitting the petition to the Department. A copy of each certified mail return receipt shall be provided to the appropriate permitting program in the Department District office where the permit was issued.

(e) No change.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-522.500, 62-522.500, Amended________.

 

62-520.500 Water Quality Criteria Exemptions for Installations Discharging Into Class G-I or G-II Ground Water.

(1) In order for a specific installation to seek an exemption from water quality criteria, which include the primary and secondary standards and minimum criteria set forth in this chapter, the permittee or permit applicant must file a petition with the agency clerk in the Department’s Office of General Counsel, 3900 Commonwealth Blvd., MS 35, Tallahassee, Florida 32399-3000. The petitioner must provide the fee of $6000 per parameter with the petition. The petition shall include alternative compliance levels for the parameters from which an exemption is being sought. The petitioner must affirmatively demonstrate each of the following: The Secretary shall, upon petition of an affected person or permit applicant and after public notice in the Florida Administrative Weekly, and in a newspaper of general circulation in the area of the exemption placed by the petitioner, and after opportunity for public hearing pursuant to Sections 120.569 and 120.57, F.S., issue an order, which shall be included as a permit modification, for the duration of the permit specifically exempting an installation discharging or designed to discharge into Class G-I or G-II ground water from the standards contained in Rule 62-520.420, F.A.C., or the minimum criteria contained in Rule 62-520.400, F.A.C., upon affirmative demonstration by the petitioner of the following:

(1) through (6) renumbered (a) through (f) No change.

(2) The Department shall enter an order granting the petition, denying the petition, or granting the petition in part. The Department will provide public notice of its intended action in the Florida Administrative Weekly along with an opportunity for an administrative hearing under Sections 120.569 and 120.57, F.S. The petitioner shall, on or about the same time that notice is published in the Florida Administrative Weekly, publish this same notice in a newspaper of general circulation in the area affected.

(3) If an exemption is granted, either in whole or in part, the permit shall be conditioned or modified to include the exemption. The exemption shall be effective for the duration of the permit, unless it is applied for renewal at the same time that the permit is renewed. A petition for renewal of the exemption shall follow the same procedures as would a petition for a new exemption.

Specific Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-520.500, Amended________.

 

62-520.510 Water Quality Criteria Exemptions for Installations Discharging Into Class G-III and G-IV Ground Water.

(1) Class G-III ground water.

(a) The procedures of Rule 62-520.500, F.A.C., apply, except that the six findings in paragraphs 62-520.500(1)(a)-(f), F.A.C., are replaced with the four findings below. The Secretary shall, upon petition of an affected person or permit applicant and after public notice in the Florida Administrative Weekly and in a newspaper of general circulation in the area of the waters affected and after opportunity for public hearing pursuant to Sections 120.569 and 120.57, F.S., issue an order specifically exempting an installation discharging or designed to discharge into Class G-III ground water from the criteria contained in Rule 62-520.400, F.A.C., upon affirmative demonstration by the petitioner of the following:

1. through 4. renumbered (1) through (4) No change.

(b) The petitioner shall affirmatively demonstrate those standards which the petitioner believes more appropriately apply to the waters for which the exemption is sought.

(c) The Secretary shall specify, by order, only those criteria which the Secretary determines to have been demonstrated by the preponderance of competent substantial evidence to be more appropriate.

(d) The Department shall modify the petitioner's permit consistent with the Secretary's order.

(2) Exemptions for discharge to Class G-IV ground water shall be governed by the provisions of Chapter 62-528, F.A.C.

Specific Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-520.510, Amended________.

 

62-520.520 Exemptions from Secondary Drinking Water Standards Outside a Zone of Discharge in Class G-II Ground Water.

(1) through (3) No change.

(4) Upon determination by the Department that an existing installation must comply with one (1) or more secondary standards, the Department shall revoke the exemption and require compliance or corrective action considering the factors in subsection 62-5202.700(2), F.A.C. Such revocation shall be included in an appropriate Department permit as a specific condition after February 1, 1988.

(5) through (7) No change.

(8) Existing cooling ponds approved by the Department for treatment of thermal discharges to surface water as defined in Rule 62-302.520, F.A.C., are exempt from secondary standards so long as the cooling pond waters are monitored pursuant to Department permit to ensure that the pond does not impair the designated use of contiguous ground waters and surface waters. In addition, the Department Secretary may order such monitoring of ground waters as may be reasonably necessary to ensure that the designated use of affected ground waters and surface waters is not impaired.

Specific Authority 403.061, 403,087 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Formerly 17-520.520, Amended__________.

 

62-520.600 Ground Water Monitoring Requirements and Exemptions.

(1) The purpose of a ground water monitoring plan is to provide the data needed to evaluate an installation's compliance with the ground water requirements contained in this chapter. Unless otherwise exempted by the Department rule, any installation discharging into ground water shall establish a monitoring program as described in subsection (3) below. If requested by the permittee, a monitoring program instituted under some other state, federal, or local government regulation or permit shall be substituted for this program if it is in substantial compliance with subsection (3) below. All field and laboratory activities performed under a monitoring program and shall meet the quality assurance requirements in Chapter 62-160, F.A.C. category 2c described in subsection 62-160.300(7), F.A.C., and the Department's reference, "Standard Operating Procedures for Laboratory Operations and Sample Collection Activities," DER-QA-001/92, September 30, 1992, hereby incorporated and adopted as a reference. Copies of the reference are available from the Department's Quality Assurance Section, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. However, a monitoring program instituted under some other state, federal, or local governmental regulation or permit shall be substituted for this program if it is in substantial compliance with subsection (3) below.

(2) Plan Submission and Timetable.

(a) New installations shall submit to the Department monitoring plans in conjunction with its initial construction permit applications.

(b) Existing installations shall have submitted to the Department an acceptable monitoring plan on or before March 1984.

(c) Installations that were not required to submit monitoring plans by March 1984, but were thereafter required by rule to submit monitoring plans must do so in accordance with the applicable rule.

(d)(c) nstallations exempt from obtaining permits to discharge to ground water shall develop a monitoring plan only upon Department order that the installation owner obtain a permit defining ground water discharge.

(3)  Monitoring Plan Contents.  Unless otherwise specified in program-specific Department rules, Using part or all of the information listed from paragraphs (a) through (m) below, the installation owner shall provide the Department with a plan containing findings and recommendations for ground water monitoring derived from site-specific information. Any information submitted as part of a permit application does not have to be resubmitted as part of the ground water monitoring plan. The plan shall evaluate facility operations, discharges, actual and potential environmental risk, and provide a design that ensures compliance with applicable rules and water quality criteria. The design shall be such that the permittee can detect and monitor adverse impact upon ground water and upon surface waters affected by ground water by facility activities. Design of a ground water monitoring plan is variable and dependant on the complexity of the site hydrogeology, type of facility, and method and characteristics of the discharge. The Department’s document, Guidance for Ground Water Monitoring Plan Design, 2008, is adopted as guidance to assist permittees and installation owners in designing and placing monitoring wells to demonstrate whether compliance with the requirements in this chapter are being achieved. Copies of this document are available from the Department of Environmental Protection, Bureau of Water Facilities Regulation, MS 3580, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or at the Department Internet site at http://www.dep.state.fl.us/water/groundwater/pubs.htm. Pursuant to Chapters 492 and 471, F.S., the ground water monitoring plan shall be signed and sealed by the professional geologist or professional engineer who prepared or approved it. The Department shall evaluate the adequacy of the plan upon submittal; however, the applicant should arrange a pre-application meeting with the Department to resolve the needed information at an early stage. The plan shall show the locations of the proposed background and downgradient monitor wells, construction details of the monitor wells, and a water sampling and chemical analysis protocol. The plan shall indicate how to determine background or natural background (where available) quality of the ground water in the vicinity of the site and any deviations in the quality of the receiving ground water in the downgradient monitor wells. The Department shall evaluate the adequacy of the plan upon submittal; however, the applicant should arrange a pre-application meeting with the Department to resolve the needed information at an early stage. The following information is generally required for detailed assessment of the most complex plans unless otherwise specified in other Department rules. Less complex plans will need less detailed information. The plan shall:

(a) Describe the physical and hydrogeologic characteristics of the facility and surrounding area including: Hydrogeological, physical and chemical data for the site, such as:

1. Direction and rate of ground water flow and ambient ground water characteristics, background ground water quality (all field verified) and natural background ground water quality where available;

2. Primary and secondary pPorosity, and horizontal and vertical permeability for the receiving aquifer(s);

3. The depth to, and lithology of, the first confining bed(s);

4. Vertical permeability, thickness, competence, and extent of any confining beds;

5. Topography, soil information, and surface water drainage systems surrounding the site;

6. Fracture trace analysis;

7. Geophysical methods such as ground penetrating radar surveys;

(b) Show the locations of the proposed monitoring wells labeled as background, intermediate, or compliance well Waste disposal rate and frequency, chemical composition, method of discharge, pond volume, spray-field dimension or other applicable site specific information;

(c) Provide construction and development details of the monitoring wells Toxicity of waste;

(d) Provide a water sampling and chemical analysis protocol Present and anticipated discharge volume and seepage rate to the receiving ground water; and physical, chemical, and microbiological characteristics of the leachate;

(e) Provide a water sampling schedule Disposal system water balance;

(f) Demonstrate the quality of the receiving ground water prior to discharge Present and reasonably expected future pollution sources located within one (1) mile radius of the site;

(g) Indicate how to determine natural background (where available) or background quality of the ground water in the vicinity of the site and any deviations in the quality of the receiving ground water in the downgradient monitoring wells Inventory depth, construction details, and cones of depression of water supply wells or wellfields and monitor wells located within one (1) mile radius of the site or potentially affected by the discharge;

(h) Show the locations of all surface waters and their classifications including springs within a one mile radius of the site, and on-site sinkholes with depths exceeding the seasonal high water table or that are perched; and Site specific economic and feasibility considerations;

(i) Identify the location and use of all wells within 500 feet of the site and all wells within the installation’s property boundary. Chronological information on water levels in the monitor wells and water quality data on water supplies collected from the water supply and monitor wells;

(j) Type and number of waste disposal facilities within the installation;

(k) Chronological information on surface water flows and water quality upstream and downstream from the site;

(l) Construction and operation details of disposal facilities;

(m) History of construction and land development in the vicinity of the site.

(4) Plan Approval. If the plan is approved, it will become part of the permit. If a permit is not associated with the plan, a letter of approval, denial, or request for modification will be sent to the applicant. A letter of approval or denial shall have a notice of rights for an administrative hearing under Sections 120.569 and 120.57, F.S. Within ninety (90) days of the date of the Department's receipt of a completed monitoring plan from existing installations described in paragraph (2)(b) above, or at the time of permit issuance or denial, whichever is appropriate, the Department shall either approve or deny the monitoring plan.

(5) Implementation of Monitoring Program. The installation owner shall begin the monitoring program based upon the plan within ninety (90) days of the date an appropriate permit is issued. In the case of an existing installation, the owner shall begin within ninety (90) days after submission and Department approval pursuant to the timetable in paragraph (2)(b) above. If the Department determines from the monitoring plan that the discharge will not impair the designated use of the underlying ground water, the Department may exempt the installation owner from implementing a monitoring program.

(a) The following apply except for installations already discharging to ground water that are later required to install ground water monitoring wells:

1. All ground water monitoring wells shall be installed before the application of waste or wastewater; and

2. After well installation and well development, but before the application of the waste or wastewater for which the ground water monitoring plan was required, the permittee shall sample one or more of the ground water monitoring wells specified in the Department-approved monitoring plan or permit for the primary and secondary drinking water parameters included in Chapter 62-550, F.A.C., (excluding asbestos, acrylamide, Dioxin, butachlor, epichlorohydrin, pesticides, and PCBs, unless reasonably expected to be a constituent of the discharge or an artifact of the site). In addition, volatile organics and extractable semivolatile organics shall be analyzed. Results of this sampling shall be submitted to the Department within 60 days after sampling.

(b) With the application for permit renewal, the permittee shall submit, to the Department’s office that issued the permit, the results of sampling monitoring wells specified in the Department-approved monitoring plan for the primary and secondary drinking water parameters included in Chapter 62-550, F.A.C., (excluding asbestos, acrylamide, Dioxin, butachlor, epichlorohydrin, pesticides, and PCBs, unless reasonably expected to be a constituent of the discharge or an artifact of the site). Additional volatile and semivolatile parameters as specified in the ground water monitoring plan or permit shall be analyzed. Sampling shall occur no sooner than 180 days before submittal of the renewal application.

(6) Location, Design, and Construction of Monitoring Wells to Detect Migration of Contaminants. Unless the installation owner can demonstrate that detection can be obtained by a methodology other than the use of Mmonitoring wells, wells shall be located as follows:

(a) One (1) upgradient well located as close as possible to the site, without being affected by that site's discharge, to determine the background, or natural background quality where available, or background of the ground water (background well);

(b) One well downgradient from the site and within the zone of discharge designed to detect the chemical, physical, and microbiological characteristics of the discharge plume (intermediate well); and; One (1) well at the edge of the zone of discharge downgradient from the site (compliance well);

(c) One well at the edge of the zone of discharge downgradient from the site (compliance well) One (1) well downgradient from the site and within the zone of discharge designed to detect the chemical, physical, and microbiological (if applicable) characteristics of the discharge plume (intermediate well); and;

(d) Such other wells as are dictated by the complexity of the hydrogeology of the site, the magnitude and direction of the plume, or the likelihood of threat to the public health, to ensure adequate and reliable monitoring data in generally accepted engineering or hydrogeological practice. The Department shall exempt a facility from installing a background or intermediate well when not practicable or necessary because of site hydrogeology, effluent quality, site location, or surrounding land use;

(e) The Department's Monitoring Well Design and Construction Guidance Manual, (2008), is adopted as guidance to assist permittees and installation owners in monitoring will design and construction. Copies of this document are available from the Department of Environmental Protection, Bureau of Water Facilities Regulation, MS 3580, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or at the Department’s Internet site: http://www.dep.state.fl.us/water/groundwater/ pubs.htm;

(f) Monitoring well design shall be submitted to the Department;

(g) Before construction of new ground water monitoring wells, a soil boring shall be made at each new monitoring well location to properly determine monitoring well specifications such as well depth, screen interval, screen slot, and filter pack;

(h) Before the installation of any monitoring well, the permittee shall give at least 72 hours notice to the appropriate permitting program at the Department's District office that issued the permit;

(i) Within 30 days after installation of any monitoring well, a properly scaled figure depicting monitoring well locations (active and abandoned) with identification numbers shall be submitted to the appropriate permitting program at the Department’s District office that issued the permit. The figure also shall include the monitoring well, top of casing, and ground surface elevations referenced to the National Geodetic Vertical Datum (NGVD) of 1929 or to the North American Vertical Datum (NAVD 1988) and measured to the nearest 0.01 foot, along with monitoring well location latitude and longitude to the nearest 0.1 seconds;

(j) Within 30 days after installation of the monitoring wells, well completion reports and soil boring/lithologic logs shall be sent to the Department’s District office that issued the permit. The information is to be submitted for each well on DEP Form 62-520.900(3), Monitoring Well Completion Report, incorporated herein and listed in Rule 62-520.900, F.A.C.;

(k) Within 60 days after completion of construction of the monitoring wells, all piezometers and wells that are not reasonably expected to be used are to be plugged and abandoned in accordance with subsection 62-532.500(4), F.A.C. The permittee shall submit a written report to the Department's office that issued the permit providing verification of the plugging including the well abandonment log when available;

(l) If any monitoring well becomes inoperable or damaged to the extent that sampling or well integrity may be affected, the permittee shall notify the Department's office that issued the permit within two business days and a detailed written report shall follow within seven days. The written report shall detail what problem has occurred and remedial measures that have been taken to prevent recurrence or request approval for replacement of the monitoring well. All monitoring well design and replacement shall be approved by the Department before installation.

(7) Special Monitoring Requirements for Class G-III Ground Water. Discharges to Class G-III ground water shall be analyzed monitored to assure compliance with the standards in Rule 62-520.400, F.A.C.; alternatively, the permittee may institute a ground water monitoring program, which shall demonstrate that the criteria in Rule 62-520.400, F.A.C., are not violated.

(8) Special Monitoring Requirements for Class G-IV Ground Water. The Department shall specify applicable monitoring criteria as part of an underground injection control well permit issued under Chapter 62-528, F.A.C. on a case-by-case basis for installations which discharge to Class G-IV waters in confined aquifers.

(9) Monitoring Exemptions. The Department shall exempt the following installations that which discharge to ground water from ground water monitoring requirements:

(a) Domestic sewage treatment installations with less than 100,000 gallons per day (gpd) design capacity except those described in subsection (10) below; stormwater facilities; agricultural fields, ditches and canals; and waste management systems for animal feeding operations exempted from ground water monitoring permitting under Chapter 62-670, F.A.C.; as long as the discharges present no potential hazard to human health or the environment, or do not endanger a source of drinking water; and as long as the facilities do not discharge directly to ground water.

(b) No change.

(10) New domestic wastewater facilities that which discharge to ground water with less than 100,000 gpd design capacity (excluding on-site sewage disposal systems), which have filed a complete permit application after July 1, 1994, shall install and analyze samples (as described below) from one (1) downgradient monitoring well designed to evaluate the impact of such facilities to on the ground water quality. One (1) ground water sample from within the upper 20 feet of the zone of saturation shall be collected and analyzed semiannually for the ground water monitoring parameters listed in Chapter 62-601, F.A.C.

(11) Reporting Requirements. Installations required to monitor shall submit the following reports:

(a) The permittee shall, wWithin ninety (90) days after the permittee has begun the discharge that is expected to result in a discharge to ground water, implemented the plan approved by the Department, the permittee shall submit a report stating the volume, and chemical, physical, and microbiological composition of the discharge unless otherwise specified in the installation's permit or ground water monitoring plan.

(b) On a quarterly basis thereafter, or such other frequency specified in the permit, the permittee shall submit reports on all monitoring wells indicating the type, number and concentration of discharge constituents or parameters indicated by the report in paragraph (a) above that have been approved by the Department as appropriate criteria to monitor in the monitoring program based upon their potential to exceed the minimum criteria contained in Rule 62-520.400, F.A.C., and the appropriate standards for the particular class of water adjacent to the zone of discharge as described in Rules 62-520.420 through 62-520.4760, F.A.C. The report shall also state what is the current nature of the discharge plume relative to the previous report with regard to its size, direction, and rate of movement.

(c) Water levels shall be recorded before evacuating wells for sample collection. Elevation shall be referenced to the National Geodetic Vertical Datum (NGVD) of 1929 or to the North American Vertical Datum (NAVD 1988) and measured to a precision of plus or minus 0.01 foot. When there is a change in the permitted volume, location, or chemical, physical, and microbiological composition of the discharge plume, the permittee shall notify the Department and, if requested by the Department, submit a new report containing the information required in paragraph (a) above.

(d) In order to obtain representative seasonal variations in the ground water, there shall be a minimum of 45 days between any two consecutive quarterly sampling events, a minimum of 90 days between consecutive semi-annual sampling events, and a minimum of 180 days between consecutive yearly sampling events.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.0877, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-522.600, 62-522.600, Amended_________.

 

62-520.700 Ground Water Corrective Action.

Whether or not an installation is operating under a currently valid Department permit, the Department has the authority to may order the installation owner to take corrective action under the following circumstances:

(1) Whenre the installation is discharging into the ground water in a manner that which represents an imminent hazard to public health, the Department shall require the installation owner to take immediate action to remove or reduce the hazard in such a way as to prevent any threat to the public health and the environment. Such action may includes but not be limited to clean up of the aquifer, halting the discharge, or confinement or containment of the waste plume.

(2) Whenre no imminent hazard exists, but the plume has extended beyond the zone of discharge or otherwise threatens or is likely to threaten in the foreseeable future to impair the designated use of an underground source of drinking water or surface water immediately affected by the ground water, the Department shall require the installation owner to take appropriate action to clean up, increase the degree of treatment prior to discharge, contain or otherwise correct the violation of water quality standards. The type of corrective action shall be based upon the following factors:

(a) through (g) No change.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.121, 403.141, 403.161 FS. History–New 9-8-92, Formerly 17-522.700, 62-522.700, Amended________.

 

62-520.900 Ground Water Forms.

The forms used by the Department for ground water permitting and monitoring are adopted and incorporated by reference in this section. The form is listed by rule number, which is also the form number, and with the subject, title, and effective date. Copies of forms may be obtained by writing to the Department of Environmental Protection, Bureau of Water Facilities Regulation, MS 3580, Information Center, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) Application for Monitoring Plan Approval, (________) April 14, 1994.

(2) No change.

(3) Monitoring Well Completion Report, (________) April 14, 1994.

Specific Authority 120.53(1), 403.061 FS. Law Implemented 120.53(1), 403.0875, 403.0877 FS. History–New 11-30-82, Amended 1-1-83, Formerly 17-1.216, Amended 9-8-92, Amended 4-14-94, Formerly 17-522.900, Formerly 62-522.900, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Drew, Chief, Bureau of Water Facilities Regulation

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mimi Drew, Deputy Secretary of Regulatory Programs and Energy

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 17, 2008

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 22, 2007