The Department of Environmental Protection is revising Chapter 62-610, F.A.C., necessary to adopt recommendations of the Potable Reuse Commission’s 2020 report “Advancing Potable Reuse in Florida: Framework for the Implementation ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-610.200Definitions

62-610.310Engineering Report

62-610.330Pretreatment Programs

62-610.463Monitoring and Operating Protocol

62-610.464 Storage Requirements

62-610.466 Aquifer Storage and Recovery (ASR)

62-610.471 Setback Distances

62-610.472 Supplemental Water Supplies

62-610.550Description of System

62-610.553Minimum System Size

62-610.554Discharge to Class I Surface Waters

62-610.555Discharge to Other Surface Waters

62-610.560Ground Water Recharge by Injection

62-610.562Salinity Barrier Systems

62-610.563Waste Treatment and Disinfection

62-610.564Pilot Testing Program

62-610.567Reliability and Operator Staffing

62-610.568Monitoring and Operating Protocol

62-610.573Storage Requirements

62-610.574Access Control, Advisory Signs, and Public Notification

PURPOSE AND EFFECT: The Department of Environmental Protection is revising Chapter 62-610, F.A.C., necessary to adopt recommendations of the Potable Reuse Commission’s 2020 report “Advancing Potable Reuse in Florida: Framework for the Implementation of Potable Reuse in Florida” as required by Florida’s Clean Waterways Act of 2020 and the new aquifer storage and recovery system requirements in Senate Bill 64 (2021). The proposed revisions add clarity to both substantive and administrative aspects of the chapter for indirect potable reuse and aquifer storage and recovery systems.

SUMMARY: Proposed revisions to Chapter 62-610, F.A.C., amend the regulatory framework for indirect potable reuse of reclaimed water. The amendments are based upon the Florida Potable Reuse Commission’s recommendations outlined in its January 2020 report “Advancing Potable Reuse in Florida: Framework for the Implementation of Potable Reuse in Florida” and new requirements for aquifer storage and recovery systems in Senate Bill 64 (2021).

OTHER RULES INCORPORATING THESE RULES: 62-302.300, 62-555.314, 62-555.360, 62-528.120, 62-40.210, 62-600.200, 62-600.300, 62-600.410, 62-600.420, 62-600.430, 62-600.440, 62-600.445, 62-600.500, 62-600.530 62-600.540, 62-600.550, 62-600.660, 62-600.670, 62-600.720, 62-600.740, 62-601.200, 62-601.500, 62-600.700, 62-604.100, 62-604.400, 40A-2.021, 40A-2.061, 40A-3.504, 40B-400.051, 40E-2.061, 40E-4.0515, 40D-2.021, 40D-4.051, 62-611.200, 62-520.300, 62-625.110, 62-625.500, 62-620.310, 62-620.620, 62-620.625, 62-620.630, 62-610.200 62-621.500, 62-610.860, 62-640.200, 62-699.310.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the Department’s economic review, neither a SERC nor legislative ratification is required because the adoption of the proposed rule does not increase regulatory costs directly or indirectly to the public.

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.

RULEMAKING AUTHORITY: 403.051, 403.061, 403.064, 403.087, F.S.

LAW IMPLEMENTED: 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: Alexandra Spencer, Senior Program Analyst, Division of Water Resource Management, MS 3545, 2600 Blair Stone Road, Tallahassee, FL 32399, [phone] or by email at [e-mail]. 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: Alexandra Spencer, Senior Program Analyst, Division of Water Resource Management, MS 3545, 2600 Blair Stone Road, Tallahassee, FL 32399, [phone] or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

CHAPTER 62-610

REUSE OF RECLAIMED WATER AND LAND APPLICATION

PART I GENERAL

62-610.200 Definitions

62-610.300 General Technical Guidance, Related Rules, Technical Publications and Forms

62-610.310 Engineering Report

62-610.330 Pretreatment Programs

PART III SLOW-RATE LAND APPLICATION SYSTEMS; PUBLIC ACCESS AREAS, RESIDENTIAL IRIGATION, AND EDIBLE CROPS

62-610.463 Monitoring and Operating Protocol

62-610.464 Storage Requirements

62-610.466 Aquifer Storage and Recovery (ASR)

62-610.471 Setback Distances

62-610.472 Supplemental Water Supplies

PART IV RAPID-RATE LAND APPLICATION SYSTEMS (RAPID INFILTRATION BASINS AND ABSORPTION FIELDS)

PART V GROUND WATER RECHARGE AND INDIRECT POTABLE REUSE

62-610.550 Description of System

62-610.553 Minimum System Size

62-610.554 Discharge to Class I Surface Waters

62-610.555 Discharge to Other Surface Waters

62-610.560 Ground Water Recharge by Injection

62-610.562 Salinity Barrier Systems

62-610.563 Waste Treatment and Disinfection

62-610.564 Pilot Testing Program

62-610.567 Reliability and Operator Staffing

62-610.568 Monitoring and Operating Protocol

62-610.573 Storage Requirements

62-610.574 Access Control, Advisory Signs, and Public Notification

 

 

PART I GENERAL

62-610.200 Definitions.

Terms used in this chapter shall have the meaning specified below. The meaning of any term not defined below may shall be taken from definitions in other rules of the Department.

(1) No change.

(2) “Advanced treated water” means water produced from an advanced water treatment process for potable reuse applications that meet the requirements in Chapters 62-550 and 62-555, F.A.C.

(3) “Appropriate Treatment Technology” means the treatment technology selected by a utility to address emerging constituents and pathogens in reclaimed water as part of a potable reuse project. 

(2) through (7) renumbered (4) through (9) No change.

(10) “Constituent” means any physical, chemical, biological, or radiological substance or matter found in water, wastewater, or reclaimed water. 

(11) “Critical control point” means a point in water treatment where control can be applied to an individual unit process to reduce, prevent, or eliminate process failure and where monitoring is conducted to confirm that the control point is functioning correctly. The goal is to reduce the risk of pathogen and chemical constituents in the finished water, as defined in Rule 62-550.200, F.A.C.

(8) through (18) renumber (12) through (23) No change.

(24) “Emerging constituent” means natural and synthetic chemicals or compounds not regulated in water, wastewater or reclaimed water that may cause negative ecological or human health impacts.

(19) through (26) renumbered (25) through (32) No change.

(33) “Indirect potable reuse” means the planned delivery or discharge of reclaimed water to ground or surface waters for the development of, or to supplement, potable water supply., for purposes of this chapter, the planned discharge of reclaimed water to surface waters to augment the supply of water available for drinking water and other uses. Indirect potable reuse is contrasted with “direct potable reuse” which involves the discharge of reclaimed water directly into a drinking water treatment facility or into a drinking water distribution system. 

(27) through (31) renumbered (34) through (38) No change.

(39) “Nonpotable reuse” means all water reuse applications except those related to potable reuse. 

(32) through (39) renumbered (40) through (47) No change.

(48) “Potable reuse” means augmentation of a drinking water supply with reclaimed water, which includes indirect potable reuse. 

(40) through (47) renumbered (49) through (56) No change.

(57) “Redundancy” means the use of multiple treatment barriers to attenuate the same type of constituent so that if one barrier fails, performs inadequately, or is taken offline for maintenance, the overall system still will perform effectively, and risk is reduced.

(48) through (54) renumbered (58) through (64) No change.

(65) “Source control” means the elimination or control of the discharge of constituents into a wastewater collection system that at certain quantities can impact a reuse project.

(55) through (63) renumbered (66) through (74) No change.

(75) “Treatment reliability” means the ability of a treatment process or treatment train to consistently achieve the desired degree of treatment, based on its inherent redundancy, robustness, and resilience. 

(76) “Treatment train” means a grouping in series of treatment technologies or processes to achieve a specific treatment or water quality goal or objective. 

(64) through (80) renumbered (77) through (93) No change.

(94) “Underground source of drinking water” means as defined in Chapter 62-528, F.A.C.

Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.200, Amended 1-9-96, 8-8-99, 11-19-07, 8-8-21, xx-xx-xx .

 

62-610.310 Engineering Report.

(1) through (2) No change.

(3) The engineering report shall include the following:

(a) through (b) No change.

(c) Hydrogeologic Survey.

1. through 8. No change.

9. For aquifer storage and recovery projects regulated under Rule 62-610.466, F.A.C., and ground water recharge projects involving injection to G-II ground water, the engineering report shall characterize the total dissolved solids (TDS) concentration in  the receiving ground water contained in the aquifer at the point of injection. See subsection 62-610.800(11), F.A.C. For aquifer storage and recovery projects, this shall include characterization of TDS concentrations within the proposed extended zone of discharge, as described in subsection 62-610.466(15) 62-610.466(14), F.A.C. For injection projects having a zone of discharge, as described in subsection 62-610.560(3) and Rule 62-610.562, F.A.C., the engineering report shall include characterization of TDS concentrations at the point of injection and within the zone of discharge. The methods used to make the TDS characterization shall be described. For ground water recharge projects, injection fluids shall not exceed the TDS concentration reported in the engineering report for the receiving ground waters. For ASR projects with a ZOD, the injection fluids shall not exceed the TDS concentration reported in the engineering report for the receiving ground waters at the edge of the ZOD.

(d) No change.

(e) Project Evaluation.

1. An evaluation of the overall long-term effect of the proposed project on environmental resources in the area shall be provided. The evaluation shall include aspects such as changes in water table elevations due to natural fluctuations and the reuse or land application project (including ground water mounding that may occur under the site), prediction of the rate and direction of movement of applied reclaimed water or effluent, changes in water quality in the area associated with the project, and similar information. A project evaluation shall demonstrate that discharges comply with subsection 62-610.850(2), F.A.C., and therefore will not cause degradation that would impair the designated use of an underground source of drinking water.

2. through 10. No change.

(f) No change.

(g) The engineering report or abbreviated engineering report shall be certified by a professional engineer registered in the State of Florida. Where required by Chapter 471 or 492, F.S., applicable portions of the report shall be signed and sealed by a professional engineer or professional geologist, as appropriate.

(h) through (j) No change.

(4) The engineering report for projects involving ground water recharge and indirect potable reuse regulated under Part V of this chapter shall address the following:

(a) The full engineering report requirements of Rule 62-610.310, F.A.C., shall apply.

(b) In addition, the engineering report shall address the following:

1. through 4. No change.

5. An evaluation of anticipated changes in the characteristics of the reclaimed water from the time of discharge to the time of recovery (e.g., anticipated reduction of pathogens from the time of discharge to the time of recovery) if the point of discharge of reclaimed water to ground water for indirect potable reuse is at or within a 5-year travel time of a public water supply well or a potable reuse supply well. 

5. through 8. renumbered 6. through 9.

(5) No change.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.0877, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.310, Amended 1-9-96, 8-8-99, 4-1-21, xx-xx-xx.

 

62-610.330 Pretreatment Programs.

(1) A pretreatment program shall be developed and implemented, in accordance with Chapter 62-625, F.A.C., for nonpotable reuse projects regulated under Parts III or V of this chapter or under Rule 62-610.525, F.A.C., Iif the wastewater facility receives discharges from significant industrial users, as defined in Rule 62-625.200, F.A.C., the pretreatment program shall be fully implemented. For nonpotable reuse projects, Ppretreatment program requirements apply only to public utilities, as defined in Rule 62-625.200, F.A.C. 

(2) For potable reuse systems  regulated under Part V of this chapter, a comprehensive pretreament and pollutant source control program shall be developed and implemented for regulating the discharge of wastes to the wastewater facility that may adversely affect the potable reuse system’s water quality or production. The program standards and requirements in Chapter 62-625, F.A.C., as well as this section apply to the entire potable reuse system (from collection systems through to the potable water distribution system), including privately-owned portions of the system. 

(a) The comprehensive pretreatment and pollutant source control program shall include a pretreatment program developed and implemented in accordance with Chapter 62-625, F.A.C., and:

1. The legal authority to implement the comprehensive pretreatment and pollutant source control program, including authority for oversight, inspection and enforcement, and review of new connections to the collection system;

2. In addition to those chemicals and constituents identified in subsection 62-625.600(8), F.A.C.:

a. Assessments of the fate of chemicals and constituents in the wastewater that are believed to be present and that may pass through or cause interference with the potable reuse system and  are precursors to disinfection byproduct formation, have primary and secondary drinking water standards, listed in the most recent U.S. EPA Contaminant Candidate List or other Department-specified chemicals and constituents;

b. Source investigations and monitoring that focuses on  chemicals and constituents in the wastewater that are believed to be present and that may pass through or cause interference with the potable reuse system, are precursors to disinfection byproduct formation, have primary and secondary drinking water standards, listed in the most recent U.S. EPA Contaminant Candidate List or other Department-specified chemicals and constituents; and

c, Development and adoption of local discharge limitations to also protect the public health and water quality for potable reuse for chemicals and constituents in the wastewater that are believed to be present, and that may pass through or cause interference with the potable reuse system, are precursors to disinfection byproduct formation, have primary and secondary drinking water standards, listed in the most recent U.S. EPA Contaminant Candidate List or other Department-specified chemicals and constituents;

3. An outreach program to industrial, commercial, and residential communities within the portions of the wastewater collection system service area that serves as the source for potable reuse systems for the purpose of managing and minimizing the discharge of  chemicals and constituents in the wastewater that may be difficult to remove, are precursors to disinfection byproduct formation, have primary and secondary drinking water standards, listed in the most recent U.S. EPA Contaminant Candidate List or other Department-specified chemicals and constituents

4. A current inventory of chemicals and contaminants identified and evaluated pursuant to subparagraph 62-610.330(2)(a)2., F.A.C., including new chemicals and contaminants resulting from new sources or changes to existing sources, that may be discharged into the wastewater collection system;

5. Significant industrial users shall implement a slug control plan that includes, at a minimum, all elements in subparagraphs 62-625.500(2)(b)6.a. through d., F.A.C. The plan shall be re-evaluated annually and updated as necessary;

6. Power-operated equipment associated with controlling and monitoring discharges to the wastewater collection system from industrial and commercial facilities (e.g., alarms, valve actuators, programmable logic controllers, and monitoring devices) shall have a continuous power source at all times in when a discharge can occur. At any time that the power source is interrupted the facility must inform the control authority, as defined in Rule 62-625.200, F.A.C., immediately. Manual monitoring and sampling shall be required to ensure compliance with control authority-issued permit;

7. A sewershed early warning surveilance program consisting of on-line instrumentation at critical locations that has real-time monitoring,  and event detection (e.g., chemical peaks), and a hierarchical decision tree or set of rules to classify the alert and determine the appropriate response. A risk assessment shall be conducted to identify wastewater constituents and locations where real-time monitoring should be best applied to detect and alert when a potential adverse event is occurring; and 

8. A continuous improvement plan for performance and reliability of the early warning system. The plan shall be re-evaluated at least once every two years and revised accordingly. This requirement may be deferred by using other mitigation measures, including additional treatment barriers, blending, effluent monitoring, and diversion; and

9. A continuous improvement process to address all aspects of the comprehensive pretreatment and pollutant source control program

(b)In addition to the annual control authority report requirements in subparagraph 62-625.600(8), F.A.C., the report shall also include: 

1. The toxic pollutants identified in 62-625.600(8)(f), F.A.C., shall be monitored on a semi-annual basis. 

2. Whether or not the facility complied with all applicable potable reuse system requirements, and if not, whether any noncompliance was a result of non-domestic discharges;  

3. A summary of all triggers of early warning systems and consequent responses; and 

4. A summary of all enhancements to real-time monitoring and early warning systems. 

(2) through (3) renumbered (3) through (4)

(5) For reuse projects, development and evaluations of local limits in accordance with Chapter 62-625, F.A.C., shall be certified by a professional engineer registered in the State of Florida. Where required by Chapter 471 or 492, F.S., applicable portions of the report shall be signed and sealed by a professional engineer or professional geologist, as appropriate.

 

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.330, Amended 1-9-96, 8-8-99, 8-8-21, xx-xx-xx.

 

PART III SLOW-RATE LAND APPLICATION SYSTEMS; PUBLIC ACCESS AREAS,

RESIDENTIAL IRIGATION, AND EDIBLE CROPS

62-610.463 Monitoring and Operating Protocol.

(1) No change.

(2) The treatment facility shall include continuous on-line monitoring for turbidity before application of the disinfectant. Continuous on-line monitoring of total residual chlorine or for residual concentrations of other disinfectants, if used, shall be provided at the compliance monitoring point. Instruments for continuous on-line monitoring of turbidity and disinfectant residuals shall be equipped with an automated data logging or recording device. Continuous on-line monitoring instruments shall be calibrated according to the requirements of Chapters 62-160 and 62-600, F.A.C. Continuous on-line monitoring instruments shall be maintained according to the manufacturer’s operation and maintenance instructions. In accordance with Rule 62-610.320, F.A.C., the permittee shall develop, and the Department shall approve, an operating protocol designed to ensure that the high-level disinfection criteria will be met before the reclaimed water is released to the system storage or to the reclaimed water reuse system. The operating protocol shall be reviewed and updated as required in Rule 62-610.320, F.A.C. Reclaimed water produced at the treatment facility that fails to meet the criteria established in the operating protocol (i.e., off-spec reclaimed water), shall not be discharged into system storage or to the reuse system. Off-spec reclaimed water Such substandard reclaimed water (reject water) shall be either stored for subsequent additional treatment or shall be discharged to another permitted reuse system requiring lower levels of preapplication treatment or to a permitted effluent disposal system.

(3) through (4) No change.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.463, Amended 1-9-96, 8-8-99, 8-8-21, xx-xx-xx.

 

62-610.464 Storage Requirements.

(1) through (2) No change

(3) In addition, a separate, off-line system for storage of off-spec reclaimed reject water shall be provided, unless another permitted reuse system or effluent disposal system is capable of discharging the off-spec reclaimed reject water in accordance with requirements of Chapter 62-600, F.A.C. Off-spec reclaimed Reject water storage shall have sufficient capacity to ensure the retention of reclaimed water of unacceptable quality. At a minimum, this capacity shall be the volume equal to one day flow at the average daily design flow of the treatment plant or the average daily permitted flow of the reuse system, whichever is less. Provisions for recirculating this off-spec reclaimed reject water to other parts of the treatment plant for further treatment shall be incorporated into the design.

(4) Requirements for system storage and off-spec reclaimed reject water holding ponds shall be as contained in Rule 62-610.414, F.A.C., except for the following:

(a) through (c) No change.

(5) No change.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.464, Amended 1-9-96, 8-8-99, 4-1-21, xx-xx-xx.

 

62-610.466 Aquifer Storage and Recovery (ASR).

(1) ASR can be an effective and environmentally sound approach to provision of storage for reclaimed water for reuse systems regulated under this of chapter. ASR by itself does not constitute “reuse.” It is only when reclaimed water, which has been stored in an aquifer, is recovered and used for beneficial purposes that the reclaimed water is considered to be “reused.” ASR systems are considered components of the overall reuse system. 

(2)(1) Aquifer storage and recovery ASR of reclaimed water involves the following: 

(a) Injection of reclaimed water into a subsurface formation for storage; and, 

(b) Recovery of the stored reclaimed water for beneficial purposes at a later date. 

1. For nonpotable reuse projects, recovered water is also subject to the requirements of Part III of this chapter.  

2. For potable reuse projects, recovered water is also subject to the requirements of Part V of this chapter. Injection of reclaimed water directly or indirectly into a underground source of drinking water shall be considered potable reuse, except where the recovered water is used for irrigation purposes and meets the requirements in subsection 62-610.466(11), F.A.C.

(2) ASR can be an effective and environmentally sound approach to provision of storage for reclaimed water for reuse systems regulated under part III of this chapter ASR by itself does not constitute “reuse.” It is only when reclaimed water, which has been stored in an aquifer, is recovered and used for beneficial purposes that the reclaimed water is considered to be “reused.” ASR systems are considered components of the overall reuse system.

(3) No change.

(4) In the engineering report submitted with the initial application to implement an ASR system, the applicant shall provide an evaluation of the anticipated changes in the characteristics of the reclaimed water during the injection, storage, and recovery phases. In the engineering report, the applicant shall evaluate the need for additional treatment or disinfection upon recovery before introduction of the recovered water into system storage or the reuse system. The engineering report shall include an initial characterization of the ground water at the point of injection. The ground water characterization shall include analyses for all parameters for which ground water quality standards have been established in Chapter 62-520, F.A.C., and for enteric viruses, Cryptosporidium oocytes, Giardia lamblia, and totalfecal coliforms. The characterization of TDS at the point of injection is discussed in subparagraph 62-610.310(3)(c)9. and subsection 62-610.800(11), F.A.C.

(5) The water recovered from the ASRaquifer storage and recovery system for nonpotable reuse purposes shall meet the performance standards for fecal coliforms as specified for high-level disinfection before use in a reuse system regulated under Part III of this chapter. The water recovered from the ASR system for potable reuse purposes shall meet the performance and disinfection standards established for a reuse system regulated under Part V of this chapter.

(6) through (7) No change.

(8) Use of Class G-I or F-I ground water.

(a) No change.

(b) Except as provided in subsection 62-610.466(18) 62-610.466(17), F.A.C., additional treatment or disinfection shall not be required upon recovery of the reclaimed water. 

(9) Use of Class G-II ground water for potable reuse projects and Uuse of Class G-II ground water containing 3000 mg/L or less of total dissolved solids for nonpotable reuse projects.

(a) Wells may be used to inject reclaimed water into Class G-II ground water containing 3000 mg/L or less of total dissolved solids for ASR if all of the following conditions are met

1. through 2. No change.

(b) If the applicant provides an affirmative demonstration that the receiving ground water contains between 1,000 and 3,000 mg/L (inclusive) of total dissolved solids, is not crrently used as a source of public water supply, and that the receiving ground water is not reasonably expected to be used for public water supply in the future; or if the applicant provides an affirmative demonstration that  the reuse project meets the requirements in paragraph 62-610.466(11), F.A.C., the preapplication treatment and disinfection requirements shall be as follows:

1. The principal treatment and disinfection requirements in Rule 62-610.563, F.A.C., shall apply, with the following modifications:

a. The parameters listed as primary drinking water standards shall be applied as maximum single sample permit limitations, including total coliforms as required in Rule 62-550.830, F.A.C. The fecal coliform limitations associated with high-level disinfection shall not apply. The primary drinking water standards for asbestos and sodium shall not apply as reclaimed water limitations.

b. The secondary drinking water standards shall not be applied as reclaimed water limitations. As described in paragraph 62-610.466(15)(a) 62-610.466(14)(a), F.A.C., the ground water standard for sodium shall be met at the edge of the zone of discharge. As described in paragraph 62-610.466(15)(f) 62-610.466(14)(f), F.A.C., the ground water standards corresponding to the secondary drinking water standards shall be met at the edge of the extended zone of discharge.

c. through d. No change.

(c) No change.

(d) Except as provided in subparagraph 62-610.466(13)(b)1. 62-610.466(12)(b)1., and subsection 62-610.466(18) 62-610.466(17), F.A.C., additional treatment or disinfection shall not be required upon recovery of the reclaimed water. 

(10) Use of Class G-II ground water containing greater than 3000 mg/L of total dissolved solids for nonpotable reuse projects.

(a) Wells may be used to inject reclaimed water into Class G-II ground water containing greater than 3000 mg/L of total dissolved solids for ASR if all of the following conditions are met:

1. through 2. No change

(b) No change.

(11) Reclaimed water that is injected into a confined aquifer with a groundwater of less than 1,000 mg/L TDS and recovered water is solely used for irrigation purposes shall meet the nonpotable reuse requirements of this chapter that apply to reclaimed water injected into a receiving groundwater that has 1,000 to 3,000 mg/L TDS provided the following conditions are met:

(a)  the applicant demonstrates that it is injecting into a confined aquifer;

(b) no potable water supply wells exist within 3,500 feet of the ASR wells; and

(c) institutional controls have been implemented to prevent future construction of potable water supply wells within 3,500 feet of the ASR wells.

Reclaimed water from activities that meet these criteria shall not cause or contribute to violations of water quality standards in surface waters, including groundwater discharges that flow by interflow and affect water quality in surface waters.

(11) renumbered (12) No change.

(13)(12) Monitoring.

(a) No change.

(b) Water recovered from the ASR system.

1. Except as provided in subparagraphs 62-610.466(13)(b)2. 62-610.466(12)(b)2. and 3., F.A.C., the reclaimed water recovered from the ASR system shall be monitored for TSS, and E. Coli or Enterococci fecal coliforms, as applicable, at the same frequency specified in Chapter 62-600, F.A.C., for the treatment facility providing reclaimed water to the reuse system. CBOD5 shall be monitored monthly. If the reclaimed water withdrawn from an ASR system fails to meet the CBOD5, TSS, E. Coli or Enterococci fecal coliforms limits established for a reuse project regulated under Part III of this chapter, the Department shall require that additional treatment or disinfection facilities be provided to ensure compliance with these limits. If the CBOD5 limits are not met, the Department shall increase the sampling frequency for CBOD5 to the level required in Chapter 62-600, F.A.C.

2. If the reclaimed water injected into the ASR system meets the full treatment and disinfection requirements in Rule 62-610.563, F.A.C., E. Coli or Enterococci fecal coliforms, as applicable, shall be monitored monthly in the water recovered from the ASR system.

3. No change.

(c) through (d) No change.

(13) renumbered (14) No change.

(15)(14) Extended zone of discharge.

(a) through (f) No change.

(15) through (16) renumbered (16) through (17) No change.

(18)(17) The permittee shall assess the performance of the ASR system on a monthly basis.

(a) During operation of the reuse system, if it is shown that water recovered from the aquifer storage and recovery system does not meet the fecal coliform performance criteria associated with high-level disinfection applicable microbiological standards, or if the water recovered adversely affects vegetation or crops grown in the reuse system or adversely affects the infiltration/percolation capability of soils within the reuse system, the permittee shall do the following: 

1. through 3. No change.

4. Submit a written report to the Department within 120 days of identification of a potential problem. The report shall address the requirements of subparagraphs 62-610.466(18)(a)1. 62-610.466(17)(a)1. through 3., F.A.C. 

(b) No change.

(c) Nothing in subsection 62-610.466(18) 62-610.466(17), F.A.C., shall preclude the Department from taking enforcement action to compel compliance with the requirements of Rule 62-610.466, F.A.C., the requirements of Part III of this chapter, or the ground water standards contained in Chapter 62-520, F.A.C.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 8-8-99, Amended, 8-8-21, xx-xx-xx.

 

62-610.471 Setback Distances.

(1) through (10) No change.

(11) For ASR projects regulated under Rule 62-610.466, F.A.C., setback distance requirements for injection and recovery wells and for extended zones of discharge are contained in subsections 62-610.466(14) and (15), 62-610.466(13) and (14), F.A.C.

Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.471, Amended 1-9-96, 8-8-99, 11-19-07, 4-1-21, xx-xx-xx.

 

62-610.472 Supplemental Water Supplies.

(1) through (3) No change.

(4) Ground water supplies.

(a) Ground water supplies may be used to supplement the reclaimed water supply, if all of the following conditions are met:

1. through 2. No change

3. Monitoring of the ground water supply shall be conducted quarterly for total fecal coliforms as specified in Rule 62-520.830, F.A.C., unless additional monitoring is required by paragraph 62-610.472(4)(b), F.A.C. At the end of the first year of operation, monitoring of the ground water supply shall be reduced if the applicant provides an affirmative demonstration that the ground water supply meets the high-level disinfection criteria for fecal coliforms and that public health will be protected. 

4. No change.

(b) through (c) No change

(5) through (7) No change.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 8-8-99, Amended 8-8-21, xx-xx-xx.

 

PART IV RAPDID-RATE LAND APPLICATION SYSTEMS

(RAPID INFILTRATION BASINS AND ABSORPTION FIELDS)

 

PART V GROUND WATER RECHARGE AND INDIRECT POTABLE REUSE

62-610.550 Description of System.

(1) Ground water recharge.

(a) This type of reuse system involves the planned use of reclaimed water to augment Class F-I, G-I, or G-II ground waters without developing or supplementing the potable water supply. Types of ground water recharge systems include:

1. through 3. No change.

4. Discharge to surface waters which are directly connected to Class F-I, G-I, or G-II (unless otherwise classified by the Commission) ground waters, as described in Rule 62-610.555 62-610.554, F.A.C.

(b)  No Change.

(c) Before applying for a proposed ground water recharge or salinity barrier project, the applicant shall comply with the public notification requirements contained in subsection 62-610.574(4)(d), F.A.C. 

(d) Applications proposing ground water recharge or salinity barrier projects shall be submitted to both the Department and the appropriate water management district.

(2) Indirect Ppotable reuse. This type of reuse system involves the planned use of reclaimed water to augment potable water supplies or surface water resources which are used or will be used for public water supplies. Indirect potable reuse systems include: 

(a) Potable reuse projects include: 

1. The introduction of reclaimed water meeting advanced waste treatment requirements, including high-level disinfection, as defined in section 403.086, F.S., to a water treatment facility meeting the technical and permitting requirements in Chapters 62-550 and 62-555, F.A.C.

2.(a) Discharges to Class I surface waters, as described in Rule 62-610.554, F.A.C. 

3.(b) Discharges to other surface waters which are directly or indirectly connected to Class I surface waters, as described in Rule 62-610.554 62-610.555, F.A.C. 

4. Discharge to F-I, G-I, G-II, or G-III ground waters as described in Rule 62-610.560, F.A.C., and by injection of treated reclaimed water, or by rapid-rate land application systems where the requirements of Rule 62-610.525, F.A.C., apply and the planned supply wells are located within the applicable setback distances in Chapter 62-610, F.A.C. 

(b) Applicants shall conduct a pilot study in accordance with Rule 62-610.564, F.A.C.

(c) All potable reuse projects shall be designed and operated to comply with, at a minimum, the following:

1. system size requirements in Rule 62-610.553, F.A.C.;

2. full treatment and disinfection requirements in subsection 62-610.563(3), F.A.C., prior to the reclaimed water leaving the domestic wastewater treatment facility.

3. the technical requirements in Chapters 62-550 and 62-555, F.A.C.;

4. reliability and operator staffing requirements in Rule 62-610.567, F.A.C.;

5. monitoring and operating protocol requirements in Rule 62-610.568, F.A.C.; and

6. storage requirements in Rule 62-610.573, F.A.C.

(d) Indirect potable reuse systems that discharge reclaimed water to Class I waters, upstream of Class I waters, or to waters contiguous to or tributary to Class I waters shall meet the requirements in Rule 62-610.554, F.A.C. Potable water intakes within Class I surface waters shall meet the setback distance requirements in subsections 62-610.571(2) and (6), F.A.C.

(e) Indirect potable reuse systems using an ASR system shall meet the requirements for ASR systems in Rule 62-610.466, F.A.C., the setback distances in Rule 62-610.571, F.A.C., and the requirements for hydraulic loading rates in Rule 62-610.575, F.A.C.

(f) Indirect potable reuse systems that discharge reclaimed water to ground waters shall meet the setback distances in Rule 62-610.571, F.A.C., and the requirements for hydraulic loading rates in Rule 62-610.575, F.A.C.

(3) Before submitting a permit application for a proposed indirect potable reuse system, the applicant shall comply with the public notification requirements contained in subsection 62-610.574(4), F.A.C. 

(4) Permit applications proposing indirect potable reuse projects shall be submitted to both the Department and the appropriate water management district. 

(5) Existing facilities with indirect potable reuse projects (those that had permit applications which authorized indirect potable reuse systems approved by the Department on or before [inset effective date of rule] ) shall comply with the potable water system operation requirements in Chapters 62-550, 62-555 and  62-610, F.A.C., no later than January 1, 2032.

(6) To ensure protection of public health, safety, and welfare, any construction, modification, or operation of a ground water recharge or potable reuse system or related activity shall be in accordance with sound professional engineering practices; and any supporting documents involving the practice of the profession of geology shall be in accordance with sound professional geological practices. All plans of study, reports and applications for permits shall be certified by a professional engineer registered in the State of Florida except where professional engineering is not required by Chapter 471, F.S. Where required by Chapter 471 or 492, F.S., applicable portions of plans of study, reports, permit applications and supporting documents which are submitted to the Department for public record shall be signed and sealed by a professional engineer or professional geologist, as appropriate.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.550, Amended 1-9-96, 8-8-99, 4-1-21, xx-xx-xx.

 

62-610.553 Minimum System Size.

Reclaimed water from treatment facilities with a design average daily flow of less than 0.1 mgd shall not be used for ground water recharge or indirect potable reuse under the provisions of Part V of this chapter

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended, 4-1-21, xx-xx-xx.

 

62-610.554 Discharge to Class I Surface Waters.

(1) through (2) No change.

(3) Discharges of reclaimed water to Class I waters, or to waters contiguous to or tributary to Class I waters shall be considered as being potable reuse for indirect potable purposes. 

(4) For purposes of this rule, discharge to waters contiguous to or tributary to Class I waters shall be defined as a discharge located less than or equal to four hours travel time from the point of discharge to arrival at the boundary of the Class I water. Travel time determinations shall be based upon the expected flow of the receiving water during the wettest month of the year with the discharge activated. The travel time shall be documented in the engineering report.

(5) Discharges of reclaimed water upstream of Class I waters shall be considered potable reuse only if the applicant provides an affirmative demonstration in the engineering report of the following:

a. There is a need to supplement the supply of water in the Class I water for public water supply purposes; and,

b. Discharge of reclaimed water will meet part or all of the identified need to supplement the water supply.

(6) For purposes of this rule, discharge to waters upstream of Class I waters shall be defined as a discharge located greater than 4 hours and less than or equal to 24 hours travel time from the point of discharge to arrival at the boundary of the Class I water. Travel time determinations shall be based upon the expected flow of the receiving water during the wettest month of the year with the discharge activated. The travel time shall be documented in the engineering report. Surface water discharges located greater than 24 hours travel time to Class I waters shall not be considered as potable reuse. Discharges located greater than 24 hours travel time to Class I waters are not subject to regulation under Chapter 62-610, F.A.C.

(7)(4) The reclaimed water shall meet the full principal treatment and disinfection requirements contained in subsection 62-610.563(3)62-610.563(2), F.A.C. The reclaimed water shall meet the drinking water standards as described in paragraph 62-610.563(3)(b), F.A.C. The disinfection standards in sub-subparagraph 62-610.563(3)(b)1.a., F.A.C., shall govern. The fecal coliform limitations associated with high-level disinfection shall not apply. If the ambient water quality in the receiving Class I water does not meet the drinking water standards, the Department shall establish alternate reclaimed water limits at the level in the receiving water. In no case shall the alternate limits exceed the Class I water standards. Alternative limits will be applied as single sample maxima. Total organic carbon (TOC) shall not exceed 3.0 mg/L as the monthly average limitation. No single sample shall exceed 5.0 mg/L.

(8)(5) Discharges to surface waters shall meet the requirements in paragraph 62-610.850(1)(b), F.A.C. reclaimed water or effluent limits established by procedures contained in chapter 62-650, F.A.C., and the requirements of the antidegradation policy contained in rules 62-4.242 and 62-302.300, F.A.C.

(6) renumbered (9) No change.

(10)(7) The reclaimed water shall be sampled and analyzed for TOC and TOX in accord with subsection 62-610.568(4), F.A.C.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended 8-8-99, 4-1-21, xx-xx-xx.

 

62-610.555 Discharge to Other Surface Waters.

(1) Discharge to waters contiguous to or tributary to Class I waters.

(a) For purposes of this paragraph, discharge to waters contiguous to or tributary to Class I waters shall be defined as a discharge located less than or equal to four hours travel time from the point of discharge to arrival at the boundary of the Class I water. Travel time determinations shall be based upon the expected flow of the receiving water during the wettest month of the year with the discharge activated. The travel time shall be documented in the engineering report.

(b) The reclaimed water shall meet the principal treatment and disinfection requirements contained in subsection 62-610.563(2), F.A.C. The reclaimed water shall meet the drinking water standards as described in paragraph 62-610.563(3)(b), F.A.C. The disinfection standards in sub-subparagraph 62-610.563(3)(b)1.a., F.A.C., shall govern. The fecal coliform limitations associated with high-level disinfection shall not apply. If the ambient water quality in the receiving Class I water does not meet the drinking water standards, the Department shall establish alternate reclaimed water limits at the level in the receiving water. In no case shall the alternate limits exceed the Class I water standards. Alternate limits will be applied as single sample maxima. Total organic carbon (TOC) shall not exceed 3.0 mg/L as the monthly average limitation. No single sample shall exceed 5.0 mg/L.

(c) Discharge of reclaimed water or effluent to waters contiguous to or tributary to Class I waters shall be in accordance with chapter 62-650, F.A.C. Discharges shall meet the requirements of the antidegradation policy contained in rules 62-4.242 and 62-302.300, F.A.C.

(d) Discharge of reclaimed water to waters contiguous to or tributary to Class I waters shall be considered as indirect potable reuse.

(e) Mixing zones shall not extend into Class I waters.

(f) The reclaimed water shall be sampled and analyzed for TOC in accord with subsection 62-610.568(4), F.A.C.

(2) Discharge upstream of Class I waters.

(a) For purposes of this paragraph, discharge to waters upstream of Class I waters shall be defined as a discharge located greater than 4 hours and less than or equal to 24 hours travel time from the point of discharge to arrival at the boundary of the Class I water. Travel time determinations shall be based upon the expected flow of the receiving water during the wettest month of the year with the discharge activated. The travel time shall be documented in the engineering report.

(b) The reclaimed water shall meet the principal treatment and disinfection requirements contained in subsection 62-610.563(2), F.A.C.

(c) Discharge of reclaimed water or effluent upstream of Class I waters shall be in accordance with chapter 62-650, F.A.C. Discharges shall meet the requirements of the antidegradation policy contained in rules 62-4.242 and 62-302.300, F.A.C.

(d) Discharge upstream of Class I waters shall be considered as indirect potable reuse only if the applicant provides an affirmative demonstration in the engineering report of the following:

1. There is a need to supplement the supply of water in the Class I water for public water supply purposes; and,

2. Discharge of reclaimed water will meet part or all of the identified need to supplement the water supply.

(3) Surface water discharges located greater than 24 hours travel time to Class I waters shall not be considered as indirect potable reuse. Discharges located greater than 24 hours travel time to Class I waters are not subject to regulation under chapter 62-610, F.A.C.

(1)(4) Discharge to other surface waters which are directly connected to Class F-I, G-I, or G-II ground waters.

(a) through (b) No change.

(c) A wetlands or other surface water which may recharge an underlying aquifer through percolation downward through unconsolidated material shall not be considered as being directly connected to ground water for purposes of this paragraph. Discharges to wetlands are subject to the requirements of Chapter 62-611, F.A.C. Discharges to other surface waters are subject to all applicable discharge and permitting requirements contained in Department rules, Florida Statutes and Laws of Florida. the requirements of Chapter 62-650, F.A.C. Discharge to a wetlands or other surface water which recharges ground water through vertical percolation also are subject to regulation under the ground water rules in Chapters 62-520 and 62-522, F.A.C. These surface water discharges are not subject to regulation under Chapter 62-610, F.A.C.

(d) through (e) No change.

(f) Discharges to surface waters shall meet the requirements in paragraph 62-610.850(1)(b), F.A.C. reclaimed water or effluent limits established by procedures contained in Chapter 62-650, F.A.C. Discharge limits shall be established to ensure that ground water quality criteria established in Chapter 62-520, F.A.C., will be met at the point or points where the surface water enters the ground water system. These surface water discharges shall meet the requirements of the antidegradation policy contained in Rules 62-4.242 and 62-302.300, F.A.C.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended 8-8-99, 4-1-21, xx-xx-xx.

 

62-610.560 Ground Water Recharge by Injection.

(1) Injection of reclaimed water into Class F-I, G-I, or G-II ground water that is not subject to the requirements in Rule 62-610.466, F.A.C., shall be considered as ground water recharge. 

(2) Reclaimed water injected into Class G-II ground water containing 3000 mg/L or less of TDS total dissolved solids or into Class G-I or F-I ground water shall meet the full treatment and disinfection requirements contained in subsection 62-610.563(3), F.A.C. 

(3) Reclaimed water may be injected into Class G-II ground water containing greater than 3000 mg/L of TDS total dissolved solids, if the following conditions are met: 

are met:

(a) through (d) No change.

(4) through (6) No change.

Rulemaking Authority 403.051, 403.061, 403.087, 403.859 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.859 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.560, Amended 1-9-96, 8-8-99, 8-8-21, xx-xx-xx.

 

62-610.562 Salinity Barrier Systems.

(1) through (3) No change.

(4) Salinity barrier systems involving injection to Class G-II ground water containing 1000 to 3000 mg/L of TDS total dissolved solids. Treatment requirements specified in subsection 62-610.560(3), F.A.C., shall apply to this case, if all of the following conditions are met:

(a) through (e) No change.

(5) through (6) No change.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended 8-8-99, 8-8-21, xx-xx-xx.

 

62-610.563 Waste Treatment and Disinfection.

(1) Rule 62-610.563, F.A.C., defines two levels of treatment and disinfection: “principal treatment and disinfection,” and “full treatment and disinfection.” These two levels of treatment and disinfection, or specific components of these levels of treatment and disinfection, shall be applied to ground water recharge and indirect potable reuse projects as required by other rules within Part V of this chapter. 

(2) Principal treatment and disinfection requirements. 

(a) Preapplication waste treatment shall result in a reclaimed water that meets, at a minimum, secondary treatment and high-level disinfection. The reclaimed water shall not contain more than 5.0 mg/L of TSS total suspended solids before application of the disinfectant. 

(b) No change.

(c) Total nitrogen shall be limited to 10 mg/L as nitrogen as a maximum annual average limitation. Monthly average and single sample permit limitations shall be established using the multipliers in subparagraph 62-600.740(1)(b)2., F.A.C. For surface water discharges, WQBELs established under Chapter 62-650, F.A.C.,  may place additional limitations on nitrogen or other parameters. 

(d) For discharges to surface waters (including groundwater discharges that flow by interflow and affect water quality in surface waters), WQBELs established under Chapter 62-650, F.A.C., Total Maximum Daily Loads (TMDLs) established under Chapter 62-304, F.A.C., or Springs Protection Act established under Sections 373.801 through 373.811 F.S., may result in additional limitations. 

(3) Full treatment and disinfection requirements. 

(a) For nonpotable reuse projects, Tthe principal treatment and disinfection requirements described in subsection 62-610.563(2), F.A.C., shall apply, unless they are less stringent than the requirements for full treatment and disinfection.

(b) For potable reuse projects, the advanced waste treatment requirements, including high-level disinfection, in Section 403.086, F.S., shall be met unless exempted elsewhere in this chapter. In those waters where the concentrations of phosphorus have been shown not to be a limiting nutrient or a contaminant, the department may waive or alter the compliance levels for phosphorus until there is a demonstration that phosphorus is a limiting nutrient or a contaminant. The reclaimed water shall not contain more than 5.0 mg/L of total suspended solids before application of the disinfectant. Filtration requirements described in subparagraph 62-610.563(2)(b), F.A.C., shall apply.

(c) For discharges to surface waters (including groundwater discharges that flow by interflow and affect water quality in surface waters), WQBELs established under Chapter 62-650, F.A.C., Total Maximum Daily Loads (TMDLs) established under Chapter 62-304, F.A.C., or Springs Protection Act established under Sections 373.801 through 373.811 F.S., may result in additional limitations. 

(d)(b) Drinking water standards. 

1. Wastewater treatment facilities shall be designed and operated to meet the primary and secondary drinking water standards established in Rules 62-550.310 and 62-550.320, F.A.C. 

a. The parameters listed as primary drinking water standards shall be applied as maximum single sample permit limits. The primary drinking water standard for asbestos shall not apply. The primary drinking water standards for bacteriological parameters total coliform shall be applied as the disinfection standard as described in Rule 62-550.830 subsection 62-550.310(3), F.A.C., except that public notification requirements shall not apply. The primary drinking water standard for sodium shall be applied as a maximum annual average permit limitation. The multipliers established in subparagraph 62-600.740(2)(b)62-600.740(1)(b)2., F.A.C., shall be used to establish maximum monthly and single sample maximum permit limits for sodium. 

b. Except for pH, the parameters listed as secondary drinking water standards shall be applied as maximum annual average permit limits. The multipliers established in subparagraph 62-600.740(2)(b)62-600.740(1)(b)2., F.A.C., shall be used to establish maximum monthly and single sample maximum permit limits. 

c. All pH observations in the reclaimed water shall fall within the pH range established in the secondary drinking water standards. 

(c) through (e) No change.

(f) The Potable reuse projects shall include a multi-barrier framework composed of source control and appropriate treatment technology that incorporates resiliency (i.e., ability to adjust to upsets), redundancy, and robustness (i.e., features that simultaneously address multiple constituents)treatment processes shall include processes which serve as multiple barriers for control of organic compounds pollutants, which includes emerging constituents and pathogens. 

(4) Treatment and disinfection requirements imposed by Rule 62-610.563, F.A.C., are additive to other effluent or reclaimed water limitations imposed by other rules (such as WQBEL limits designed to protect surface water quality, which are imposed by Chapter 62-650, F.A.C., TMDLs established under Chapter 62-304, F.A.C., or Springs criteria established under Sections 373.801 through 373.811, F.S.). 

(5) All ground water recharge and indirect potable reuse projects regulated by Part V of this chapter shall implement pretreatment programs in accordance with Rule 62-610.330, F.A.C.

(6) No change.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.563, Amended 1-9-96, 8-8-99, 4-1-21, xx-xx-xx.

 

62-610.564 Pilot Testing Program.

(1) No change

(2) A wastewater permit revision in accordance with subsection 62-620.325(2), F.A.C., shall be obtained before the pilot testing program commences. The permit revision shall, at a minimum, describe and establish the monitoring and reporting requirements for the pilot testing program.  

(3)(2) The pilot testing program for nonpotable reuse shall be designed to demonstrate the ability of the selected  appropriate treatment technology to  reliably and consistently achieve, at a minimum, process to meet the requirements of Part V of this chapter and to generate a supply of reclaimed water that can be used to evaluate the suitability of the reclaimed water for ground water recharge or indirect potable reuse  and to identify critical control points for improved process control and treatment reliability. Pilot testing shall be performed done using wastewater/reclaimed water. 

(4)(3) The pilot testing program shall accumulate a minimum 12 months of data for the final treatment design.  The Department shall approve reductions in the duration or scope of the pilot testing program if all of the following conditions are met: 

(a) The applicant provides a detailed plan of study for the Department’s review and approval before initiating the pilot testing program. 

(b) Applicable portions of the detailed plan of study shall be signed and sealed by a professional engineer or professional geologist registered in the State of Florida, where required by chapter 471 or 492, F.S.

(c) The detailed plan of study provides an affirmative demonstration that a shorter duration study or reduced scope of study will be sufficient to demonstrate the ability of the proposed treatment processes to meet the reclaimed water limitations and to demonstrate the public health and environmental safety of the reclaimed water to be produced. Results of previous pilot testing programs and operating experience at similar water reclamation and reuse projects may be used as part of the demonstration. 

(5) The applicant shall provide a detailed plan of study for the Department’s review and approval before initiating the pilot testing program. The plan of study shall address subparagraphs  62-610.564(1) through (4),F.A.C., as well as the following: 

(a) Each source of the industrial wastewater with Standard Industrial Code, and the projected rates and volumes from each source;  

(b) The chemical, biological, and physical characteristics of industrial wastewater from each source;  

(c) Identify and establish treatment and disinfection processes; 

(d) Identify proposed treatment processes to meet applicable surface and ground water quality standards; 

(e) Identify and evaluate challenges related to treatment processes; 

(f) Identify operational monitoring parameters used to measure the performance throughout the treatment processes; 

(g) Identify critical control points for improved process control and system reliability; and 

(h) Evaluate and estimate cost of the operation and maintenance and conceptual site plan. 

(6)(4) The pilot testing program shall include the following: 

(a) An affirmative demonstration that the treatment and disinfection processes proposed for inclusion in the wastewater treatment facility are capable of meeting the full treatment and disinfection requirements contained in subsection 62-610.563(3), F.A.C., and that the reclaimed water will be of sufficient quality to protect public health and environmental quality. 

(b) An evaluation of constituents in the wastewater that may be difficult to remove or are precursors to disinfection byproduct formation.  Constituents evaluated may include those believed present that are listed in 40 CFR Part 122, Appendix D.

(b) renumbered (c) No Change

(d)(c) Results of a biological testing procedure approved by the Department to determine the mutagenicity of the reclaimed water. 

(e)(d) Reclaimed water quality shall be compared to other sources of drinking water currently used in the area. The reclaimed water shall be of a quality that is the same or better than other sources of drinking water currently used in the area. 

(7)(5) The Department shall approve reductions in the duration or scope of the pilot testing program if all of the following conditions are met: 

(a) The applicant provides a detailed plan of study for the Department’s review and approval before initiating the pilot testing program. 

(b) The detailed plan of study shall be certified by a professional engineer registered in the State of Florida. Where required by Chapter 471 or 492, F.S., applicable portions of the plan of study shall be signed and sealed by a professional engineer or professional geologist, as appropriate.

(c)(b) The detailed plan of study provides an affirmative demonstration that a shorter duration study or reduced scope of study will be sufficient to affirmatively demonstrate the ability of the proposed treatment processes to meet the reclaimed water limitations and to demonstrate the public health and environmental safety of the reclaimed water to be produced. Results of previous Department-approved pilot testing programs under Part V of this chapter prior to (effective date of rule), or pilot testing programs and operating experience at similar water reclamation and reuse projects may be used as part of the demonstration. 

(8) The pilot testing reports shall be submitted to the Department of Environmental Protection Wastewater Management Program, Mail Station 3545, Department of Environmental Protection, Bob Martinez Center, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, and the appropriate district office. 

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.564, Amended 1-9-96, 8-8-99, 4-1-21, xx-xx-xx.

 

62-610.567 Reliability and Operator Staffing.

(1) A minimum of Class I reliability, as described in paragraph 62-610.300(1)(a), F.A.C., shall be provided at all domestic wastewater treatment facilities providing reclaimed water for ground water recharge and indirect potable reuse systems, which are regulated by Part V of this chapter. In addition to the rules set forth in Chapters 62-600, 62-610 and 62-625, F.A.C., the requirements in Chapters 62-550 and 62-555, F.A.C., shall apply when reclaimed water is used as a water source for a public water supply system.

(a) through (b) No change.

(2) through (5) No change.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.567, Amended 1-9-96, 8-8-99, 4-1-21, xx-xx-xx.

 

62-610.568 Monitoring and Operating Protocol.

(1) through (6) No change.

(7) In accordance with Rule 62-610.320, F.A.C., the permittee shall develop, and the Department shall approve, an operating protocol designed to ensure that the reclaimed water limitations will be met before the reclaimed water is released to the reuse system. For treatment facilities required to provide full treatment and disinfection, the operating protocol shall include monitoring and control of key treatment processes for removal of organic compounds required by subsection 62-610.563(3), F.A.C., and shall incorporate the fail safe “lock-out” provisions of subsection 62-610.567(2), F.A.C. In the engineering report, the applicant shall describe and justify the operational controls on the key treatment processes for removal of organic compounds. Reclaimed water produced at the treatment facility that fails to meet the criteria established in the operating protocol shall not be released to the system storage or reuse system. Such substandard reclaimed water (reject water off-spec reclaimed water) shall be either stored for subsequent additional treatment or shall be discharged to another permitted reuse system requiring lower levels of preapplication treatment or to a permitted effluent disposal system. The operating protocol shall be reviewed and updated by the permittee as required by Rule 62-610.320, F.A.C. The permittee shall submit the current operating protocol to the Department for review with any application to renew or modify the permit.

(8) through (11) No change.

Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.568, Amended 1-9-96, 8-8-99, 11-19-07, 8-8-21, xx-xx-xx.

 

62-610.573 Storage Requirements.

(1) through (2) No change.

(2) If system storage is provided, the requirements for system storage ponds shall be as contained in Rule 62-610.464, F.A.C.

(3) A separate, off-line system shall be provided for storage of reject water off-spec reclaimed water. Reject water Off-spec reclaimed water storage shall have sufficient capacity to ensure retention of reclaimed water of unacceptable quality. At a minimum, for treatment facilities required to provide full treatment and disinfection, this capacity shall be the volume equal to three days flow at the average daily permitted flow of the treatment plant, or the average daily permitted flow of the reuse system, whichever is less. If full treatment and disinfection is not required, the capacity requirement shall be reduced to one day’s flow. Provisions for recirculating this reject water off-spec reclaimed water to other parts of the treatment plant for further treatment shall be incorporated into the design. Reject Off-spec reclaimed water storage shall not be required if another permitted reuse system requiring lower levels of preapplication treatment or effluent disposal system is permitted capable of discharging the reject water off-spec reclaimed water in accordance with the requirements of chapter 62-620, F.A.C. Reject storage Off-spec reclaimed ponds shall be lined or sealed to prevent measurable seepage, as described in Rule 62-610.414, F.A.C.

(4) No change.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.573, Amended 1-9-96, 8-8-99, 4-1-21, xx-xx-xx.

 

62-610.574 Access Control, Advisory Signs, and Public Notification.

(1) through (2) No change.

(3) Permittees developing ground water recharge or indirect potable reuse projects that will be regulated under Part V this of chapter shall implement public education and public participation programs during the planning stages of the reuse program. The public education and public participation programs shall be described in detail in the engineering report.

(4) Applicants shall provide written notice to affected public water supply utilities within the area to be affected by the proposed project. For projects involving discharges to Class I waters, affected utilities shall include public water supply utilities drawing source water from the Class I water. For aquifer storage and recovery projects and injection projects regulated by Rules 62-610.466, 62-610.560, or 62-610.562, F.A.C., affected utilities shall include public water supply utilities withdrawing ground water for public water supply within two miles of the proposed injection well, or within the area of review established in accordance with Rule 62-528.300(4), F.A.C., whichever is larger. For projects involving discharges to surface waters that are directly connected to ground water, which serve as ground water recharge, as described in subsection 62-610.555(1)  62-610.555(4), F.A.C., affected utilities shall include public water supply utilities withdrawing ground water for public water supply within two miles of the point of discharge and within two miles of the point or points where the surface water enters the ground water. Written notice also shall be provided to the appropriate county health department. These written notifications shall be accomplished before the submittal of the initial permit application. Documentation of this notification procedure shall be included in the engineering report. These notices to affected utilities and to the county health department are required for the following types of projects:

(a) No change.

(b) Discharge to waters contiguous to or tributary to Class I surface waters, as described in subsection 62-610.554(1), 62-610.555(1), F.A.C.

(c) Discharge to waters upstream of Class I surface waters, as described in subsection 62-610.554(1), F.A.C.

(c) through (d) renumbered (d) through (e) No change

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.574, Amended 1-9-96, 8-8-99, 4-1-21, xx-xx-xx.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Alexandra Spencer, Senior Program Analyst, Wastewater Management Program

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Emile D. Hamilton, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 05, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 21, 2020