DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO.:RULE TITLE:
62-621.300Permits
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 48 No. 26, February 8, 2022 issue of the Florida Administrative Register.
The Notice of Change is in response to written public comments received within the 21-day period from publishing the Notice of Proposed Rule and comments received at the public hearing on April 13, 2023. The hearing record remained open until 5 p.m. EST on April 27, 2023.
Public participation is solicited without regard to race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. Persons who require special accommodations under the American with Disabilities Act (ADA) or persons who require translation services (free of charge) are asked to contact DEP’s Limited English Proficiency Coordinator at (850)245-2118 or LEP@FloridaDEP.gov at least ten (10) days before the meeting. If you have a hearing or speech impairment, please contact the agency using the Florida Relay Service, (800)955-8771 (TDD) or (800)955-8770 (voice).
62-621.300 Permits.
(1) through (8) No change.
(9) National Pollutant Discharge Elimination System (NPDES) Generic Permits Associated with the Control of Harmful Algal Blooms. Generic Permit for Discharges of Pollutants to Surface Waters of the State Generated by Experimental Technologies for Algae Control.
(a) DEP Form 62-621.300(9)(a), “Generic National Pollutant Discharge Elimination System (NPDES) Permit for Discharges of Pollutants to Surface Waters of the State Generated by Experimental Technologies for Control of Harmful Algal Blooms”, effective [date], http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
(b) DEP Form 62-621.300(9)(b), “Notice of Intent to Use the Generic National Pollutant Discharge Elimination System (NPDES) Permit for Discharges of Pollutants to Surface Waters of the State Generated by Experimental Technologies for Control of Harmful Algal Blooms”, effective [date], http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
(a)(c) Applicability and Coverage for “National Pollution Discharge Elimination System Generic Permit for Discharges of Pollutants Associated with Pilot Testing for the Control of Harmful Algal Blooms” and “National Pollutant Discharge Elimination System (NPDES) Generic Permit for Discharges of Pollutants Associated with the Control of Harmful Algal Blooms.”
1. Coverage under these this generic permits are permit is limited to the discharge of pollutants associated with the generated by the use of experimental technologies to control of harmful algal blooms of red tide [Karenina brevis] and blue-green algae [cyanobacteria] (removal/control harmful algal blooms) to Class III or Class III-Limited surface waters of the state provided all of the criteria specified in the this generic permit are met.
2. The following activities are not eligible for coverage under these this generic permits permit:
a. An activity in, on, or over wetlands (as defined in section 373.019(27), F.S.) or surface waters designated as an Outstanding Florida Water in Rule 62-302.700, F.A.C., or an Aquatic Preserves established by Part II of Chapter 258, F.S.;
b. An activity that reduces the viability of the benthic community, including seagrass and hard bottom communities community; or and
c. No change
3. through 6. No change.
7. A discharge to surface waters shall not be located within 500 feet of existing or approved (but not yet constructed) surface water intake structure for a drinking water source.
8. The management area shall be restricted to one Water Body Identification (WBID) area. WBIDs can be identified here: https://ca.dep.state.fl.us/mapdirect/?map=99f37fba1fbc45fabdf673d595d2510a.
(b) National Pollutant Discharge Elimination System Generic Permit for Discharges of Pollutants Associated with Pilot Testing for the Control of Harmful Algal Blooms.
1. “National Pollution Discharge Elimination System Generic Permit for Discharges of Pollutants Associated with Pilot Testing for the Control of Harmful Algal Blooms,” DEP Form 62-621.300(9)(b), effective [date], http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
2. “Notice of Intent to Use the NPDES Generic Permit for Discharges of Pollutants Associated with Pilot Testing for the Control of Harmful Algal Blooms,” DEP Form 62-621.300(9)(c), effective [date], http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
3.(d) Applicability and Request for Coverage
a. The management area shall be restricted to one cumulative acre, or less, within one WBID area.
b.1. Applicants seeking coverage under this generic permit shall submit a complete request for coverage as specified in DEP Form 62-621.300(9)(b)2. 62-621.300(9)(b) (adopted and incorporated by reference in subparagraph 62-621.300(9)(b)2. paragraph 62-621.300(9)(b), F.A.C., effective [date]). The permit application and surveillance fee for this generic permit is $100 500.
c.2. A request for coverage must be submitted to the Department’s Wastewater Management Program appropriate District Office at least 45 30 days prior to the commencement of the surface water discharge.
3. renumbered d. No change
e.4. Coverage for discharges authorized under this Generic Permit is limited to a term not to exceed one two years from the effective date of coverage.
5. Renewal of coverage under this Generic Permit shall be submitted to the Department by completing DEP Form 62-621.300(9)(b) (adopted and incorporated by reference in paragraph 62-621.300(9)(b), F.A.C., effective [date]), at least 30 days before expiration of current coverage.
(c) National Pollutant Discharge Elimination System (NPDES) Generic Permit for Discharges of Pollutants Associated with the Control of Harmful Algal Blooms.
1. “National Pollutant Discharge Elimination System (NPDES) Generic Permit for Discharges of Pollutants Associated with the Control of Harmful Algal Blooms.” DEP Form 62-621.300(9)(c)1., effective [date], http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
2. “Notice of Intent to Use the National Pollutant Discharge Elimination System (NPDES) Generic Permit for Discharges of Pollutants Associated with the Control of Harmful Algal Blooms,” DEP Form 62-621.300(9)(c)2., effective [date], http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
3. Applicability and Request for coverage
a. An applicant for coverage under this generic permit must have previously held one of the following:
(I) An individual industrial wastewater NPDES permit issued by the Department for the control of harmful algal blooms prior to the adoption of the generic permit. The applicant must have implemented the proposed mechanical, biological, or chemical treatment process to control a harmful algal bloom as authorized under the individual wastewater NPDES permit. The applicant must have submitted to the Department the results of three consecutive monitoring events demonstrating compliance with the individual NPDES permit. The treatment process permitted in the individual NPDES permit shall be equivalent to the proposed treatment when applying for this generic permit. The monitoring requirements permitted in the individual NPDES permit shall be equivalent to, or more stringent than, the monitoring requirements in this generic permit.
(II) An applicable pilot testing generic permit as detailed in paragraph 62-621.300(9)(b), F.A.C. The applicant must have implemented the mechanical, biological, or chemical treatment process to control a harmful algal bloom as authorized under the generic permit. The applicant must have submitted to the Department the results of three consecutive monitoring events demonstrating compliance with the NPDES Generic Permit for Discharges of Pollutants Associated with Pilot Testing for the Control of Harmful Algal Blooms. The proposed treatment process shall be equivalent to the process used in the previously obtained NPDES Generic Permit for Discharges of Pollutants Associated with Pilot Testing for the Control of Harmful Algal Blooms.
b. Applicants seeking coverage under this generic permit shall submit a complete request for coverage as specified in DEP Form 62-621.300(9)(b) (adopted and incorporated by reference in paragraph 62-621.300(9)(b), F.A.C., effective [date]). The permit application fee for this generic permit is $500.
c. A request for coverage must be submitted to the appropriate District Office at least 30 days prior to the commencement of the surface water discharge.
d. Coverage under this generic permit shall not be effective until the applicant receives written notification from the Department.
e. Coverage for discharges authorized under this Generic Permit is limited to a term not to exceed five years from the effective date of coverage.
f. Renewal of coverage under this Generic Permit shall be submitted to the Department by completing DEP Form 62-621.300(9)(b) (adopted and incorporated by reference in paragraph 62-621.300(9)(b), F.A.C., effective [date]), at least 30 days before expiration of current coverage.
(d)(e) DEP Form 62-621.300(9)(e), “Notice of Termination of Generic National Pollutant Discharge Elimination System (NPDES) Permit Associated with the Control of Harmful Algal Blooms,” DEP Form 62-621.300(9)(d) for Discharges of Pollutants to Surface Waters of the State Generated by Experimental Technologies for Control of Harmful Algal Blooms”, effective [date], http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
(e)(f) To terminate coverage under the this generic permits permit listed in subsection 62-621.300(9), F.A.C., the permittee shall submit DEP Form 62-621.300(9)(d) 62-621.300(9)(e) (adopted and incorporated by reference in paragraph 62-621.300(9)(d) 62-621.300(9)(e) F.A.C., effective [date]) to the Department’s Wastewater Management Program appropriate District Office within 30 days after completion of the discharge activity or upon expiration of coverage, whichever occurs first.
Rulemaking Authority 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. Law Implemented 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. History–New 12-24-96, Amended 5-1-97, 2-14-00, 10-22-00, 5-1-03, 12-23-04, 4-20-05, 5-10-05, 2-17-09, 4-14-11, 2-10-15, 1-26-18, 9-20-18, 2-16-21 .
