The Department of Environmental Protection is proposing amendments to Chapter 62-610, F.A.C., “Reuse of Reclaimed Water and Land Application,” necessary to adopt recommendations of the Potable Reuse Commission’s 2020 report ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-610.100Purpose, and Applicability

62-610.200Definitions

62-610.310Engineering Report

62-610.330Pretreatment Programs

62-610.464Storage Requirements

62-610.466Aquifer Storage and Recovery (ASR)

62-610.471Setback Distances

62-610.472Supplemental Water Supplies

62-610.521Setback Distances

62-610.525Projects Involving Additional Levels of Preapplication Treatment

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

62-610.563Waste 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

62-610.621Setback Distances

62-610.810Classification of Projects as "Reuse" or "Disposal"

62-610.850Protection of Surface Water and Ground Water Quality

PURPOSE AND EFFECT: The Department of Environmental Protection is proposing amendments to Chapter 62-610, F.A.C., “Reuse of Reclaimed Water and Land Application,” 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 Section 403.064(17), Florida Statutes. The proposed revisions add clarity to both substantive and administrative aspects of the chapter for aquifer storage and recovery systems. In addition, these amendments, in conjunction with proposed amendments to Chapters 62-550 and 62-555, F.A.C., and proposed Chapter 62-565, F.A.C., will establish regulatory requirements for facilities involved in the production of advanced treated water or distribution of potable water derived from advanced treated water.

SUMMARY: Proposed revisions to Chapter 62-610, F.A.C., amend the regulatory framework for 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.”

Other Rules Incorporating by reference this Rule: 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 Effects on Other Rules Incorporating by this Rule by Reference: Amendments to Chapter 62-610, F.A.C., in this Notice of Proposed Rule are not expected to have any significant impact on the following 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, FS.

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

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 13, 2024, at 1:00 p.m. (EST)

PLACE: The Environmental Regulation Commission hearing located at 3900 Commonwealth Blvd, Room 137, Tallahassee, FL 32399-3000.

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 [phone] or [e-mail] at least ten (10) days before the hearing. If you have a hearing or speech impairment, please contact the agency using the Florida Relay Service, [phone] (TDD) or [phone] (voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sydney Cummings, Environmental Administrator, Division of Water Resource Management, MS 3520, 2600 Blair Stone Road, Tallahassee, Florida, 32399-3000, at [phone] or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

PART I GENERAL

62-610.100 Scope, Intent, Purpose, and Applicability.

(1) The purpose of Chapter 62-610, F.A.C., is to provide design and operation and maintenance criteria for land application systems that may discharge reclaimed waters or domestic wastewater effluent to Class G-II ground waters and to a limited extent to Class G-I and F-I ground waters (as defined by Chapter 62-520, F.A.C.). This chapter also provides design and operation and maintenance criteria for surface water discharge projects involving reuse for ground water recharge , potable reuse, or other beneficial purposes described in this chapter. The requirements in this rule shall apply to systems involving potential discharges to Class G-I and F-I ground waters (as defined by Chapter 62-520, F.A.C.) to the extent that these rule provisions do not conflict with requirements for G-I and F-I ground waters. Supported by moderating provisions, it is intended that Chapter 62-610, F.A.C., establish a framework whereby design flexibility and sound engineering practice can be used in developing systems with which to manage domestic wastewater in an environmentally sound manner. This chapter contains operation and maintenance requirements so as much information as possible on reuse and land application can be presented in a single chapter.

(2) through (5) No change

(6) Potable reuse projects are considered projects of hightened public interest  for the purpose of subection 62-110.106(6), F.A.C., and subparagraph 62-110.106(7)(a)1., F.A.C.

(6)(7) 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 17-610.100, Amended 1-9-96, 8-8-99, 11-19-07, 8-8-21, ________.

 

62-610.200 Definitions.

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

(1) through (25) No change.

(26) “Indirect potable reuse” means, for the 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 waer directly into a drinking water treatment facility or into a drinking water distribution system.

(27) through (58) renumbered (26) through (57) No change.

(58)(59) “Technology-based effluent efflent limitation (TBEL)” means the same as defined in Rule 62-600.200, F.A.C.

(60) through (80) renumbered (59) through (79) 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 17-610.200, Amended 1-9-96, 8-8-99, 11-19-07, 8-8-21, ________.

 

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, not associated with a potable reuse system, 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 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(16) 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 direct ground water recharge projects under Rule 62-610.560, F.A.C., 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.

2. through 10. No change.

(f) No change.

(g) Applicable portions of tThe engineering report or abbreviated engineering report shall be signed and sealed by a professional engineer or professional geologist registered in Florida as required by Chapter 471 or 492, F.S.

(h) through (j) No change.

(k) Engineering report requirements for potable reuse projects are contained in Rule 62-565.570, F.A.C.

(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) through (b) 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, 403.0877, 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, ________.

 

62-610.330 Pretreatment Programs.

(1) No change.

(2) For potable reuse systems regulated under Chapter 62-565, F.A.C., a pretreatment program shall be developed, approved, and implemented in accordance with Rule 62-565.505, F.A.C.

(2) through (3) renumbered (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 17-610.330, Amended 1-9-96, 8-8-99, 8-8-21, ________.

 

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

62-610.464 Storage Requirements.

(1) though (3) No change.

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

(a) No change.

(b) Off-spec reclaimed water Reject storage ponds shall be lined or sealed to prevent measurable seepage.

(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, ________.

 

62-610.466 Aquifer Storage and Recovery (ASR).

(1) Aquifer storage and recovery of reclaimed water or advanced treated water as defined in Rule 62-565.200, F.A.C., involves the following:

(a) Injection of reclaimed water or advanced treated water, as defined in Rule 62-565.200, F.A.C., into a subsurface formation for storage; and,

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

(2) ASR can be used as an effective and environmentally sound approach to provision of storage for reclaimed water for reuse systems regulated under Part III 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. 

(a) For non-potable reuse projects, recovered water is also subject to the requirements of Part III of this chapter.  

(b) For potable reuse projects, recovered water is also subject to the requirements of Chapter 62-565, F.A.C. Injection of reclaimed water or advanced treated water directly or indirectly that meets the requirements of paragraph 62-565.100(d), F.A.C., shall be considered potable reuse, except where the recovered water  meets the exemption requirements in Section 403.0643, F.S.

(3) through (4) No change.

(5) Engineering reports for ASR systems associated with a potable reuse project shall meet the requirements of Rule 62-565.570, F.A.C.

(6)(5) The water recovered from the ASR aquifer storage and recovery system for non-potable 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.

(7) The water recovered from the ASR system for potable reuse purposes shall meet the Technology-Based Treatement Requirements and pathogen requirements established in Chapter 62-565, F.A.C.

(8)(6) Applications for permit renewals shall include an evaluation of the performance of the ASR aquifer storage and recovery system. This shall include evaluations of monitoring data (including trends observed), any problems encountered, and any anticipated problems based on review of the monitoring trends. Existing and anticipated problems shall be addressed as described in subsection 62-610.466(19) 62-610.466(17), F.A.C.

(7) renumbered (9) No change.

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

(a) No change.

(b) Except as provided in subsection 62-610.466(19) 62-610.466 (17), F.A.C., additional treatment or disinfection shall not be required upon recovery of the reclaimed water for non-potable reuse purposes.

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

(a) 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 currently 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 Section 403.0643, F.S., 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. No change.

b. The secondary drinking water standards shall not be applied as reclaimed water limitations. As described in paragraph 62-610.466(16)(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(16)(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. No change.

d. The extended zone of discharge shall not extend into zones having TDS concentrations less than 1000 mg/L (based on the initial TDS characterization in the initial engineering report and information submitted after the submittal of the initial engineering report) except when the applicant provides an affirmative demonstration that the reuse project meets the exemption requirements in Section 403.0643, F.S.

(c) The provisions of paragraph 62-610.466(11)(b) 62-610.466(9)(b), F.A.C., shall only apply to receiving ground waters that are not used for public water supply within the following geographic limits (whichever provides for the largest horizontal distance):

1. through 2. No change.

(d) Except as provided in subparagraph 62-610.466(14)(b)1. 62-610.466 (12)(b)1., and subsection 62-610.466(19) 62-610.466 (17), F.A.C., additional treatment or disinfection shall not be required upon recovery of the reclaimed water for non-potable reuse.

(12)(10) Use of Class G-II ground water containing greater than 3000 mg/L of total dissolved solids for non-potable 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. The principal treatment and disinfection requirements in Rule 62-610.563, F.A.C., shall apply, with the following modifications:

a. No change.

b. The secondary standards shall not be applied as reclaimed water limitations. As described in paragraph 62-610.466(16)(f) 62-610.466 (14)(f), F.A.C., the ground water standard for sodium and 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.

2. No change.

(b) Except as provided in subparagraph 62-610.466(14)(b)1. 62-610.466 (12)(b)1., and subsection 62-610.466(19) 62-610.466 (17), F.A.C., additional treatment or disinfection shall not be required upon recovery of the reclaimed water for non-potable reuse.

(11) renumbered (13) No change.

(14)(12) Monitoring.

(a) No change.

(b) Water recovered from the ASR system.

1. Except as provided in subparagraphs 62-610.466(14)(b)2. 62-610.466 (12)(b)2. and 3., F.A.C., the reclaimed water recovered from the ASR system for non-potable reuse shall be monitored for TSS, and fecal coliforms 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, or fecal coliform 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.  Water recovered from the ASR system for potable reuse projects shall be subject to the requirements of Chapter 62-565, F.A.C.

2. No change.

3. If additional treatment or disinfection is provided after recovery of the water from the ASR system not associated with a potable reuse system the monitoring requirements in Rule 62-610.463, F.A.C., shall apply and an operating protocol shall be implemented pursuant to Rule 62-610.463, F.A.C.

(c) ASR systems not associated with a potable reuse system.

1. through 2. No change.

(d) No change.

(13) renumbered (15) No change.

(16)(14) Extended zone of discharge.

(a) Projects described in paragraph 62-610.466(11)(b) 62-610.466 (9)(b), and subsection (12) (10), F.A.C., may have an extended zone of discharge included in the permit. The extended zone of discharge shall apply to parameters listed as secondary drinking water standards in Chapter 62-550, F.A.C. Zones of discharge will not be provided for parameters listed as primary drinking water standards in IN Chapter 62-550, F.A.C. (except for sodium).

(b) through (d) No change.

(e) The extended zone of discharge shall extend vertically from the base to the top of a specifically designated aquifer, aquifers, or portion of an aquifer. The vertical and lateral limits of the extended zone of discharge shall be designated. Injection and recovery wells used in the ASR system shall be included within the extended zone of discharge. As noted in sub-subparagraphs 62-610.466(11)(b)1.d. 62-610.466 (9)(b)1.d., and 62-610.466(12)(a)1.d.  62-610.466 (10)(a)1.d., F.A.C., the extended zone of discharge shall not extend into zones having TDS concentrations less than the specified threshold (based on the initial TDS characterization in the initial engineering report and information submitted after the submittal of the initial engineering report).

(f) For aquifer storage and recovery systems involving the levels of preapplication treatment provided in paragraph 62-610.466(11)(b) 62-610.466 (9)(b), or subsection (12) (10), F.A.C., all ground water quality criteria shall be met at the edge of the extended zone of discharge. If the natural background ground water quality does not meet the ground water quality criteria, the aquifer storage and recovery system shall meet the natural background quality at the edge of the extended zone of discharge.

(15) through (16) renumbered (17) through (18) No change.

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

(a) During operation of the non-potable 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 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(19)(a)1. 62-610.466 (17)(a)1. through 3., F.A.C.

(b) No change.

(c) Nothing in subsection 62-610.466(19) 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, ________.

 

62-610.471 Setback Distances.

(1) through (2) No change.

(3) A 75-foot setback distance shall be provided from a reclaimed water transmission facility to a public water supply well or a surface water intake for a potable water supply. No setback distance is required to other potable water supply wells or to non-potable water supply wells.

(4) through (8) No change.

(9) A setback distance of 200 feet shall be provided from unlined storage ponds to potable water supply wells or surface water intake for a potable water supply. This setback distance shall be reduced, but in no case to less than 75 feet, if the applicant provides an affirmative demonstration in the engineering report that reclaimed water will not migrate to the potable water supply well as a result of conditions such as the following:

(a) through (c) No change.

(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(15) 62-610.466(13) and (16) (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, ________.

 

62-610.472 Supplemental Water Supplies for Non-Potable Reuse Projects.

(1) Rule 62-610.472, F.A.C., applies to non-potable reuse projects for which complete permit applications involving the use of supplemental water supplies were received by the Department on or after August 8, 1999. Rule 62-610.472, F.A.C., shall also apply to any existing reuse system which proposes to add a new supplemental water supply or to expand the facilities, structures, or pumps used for an existing supplemental water supply; however, these rule requirements shall only apply to the expanded or modified portion of the project. Incorporation of a supplemental water supply into the reuse system shall require a permit modification.

(2) Other water supplies may be used by the permittee to supplement the supply of reclaimed water for non-potable reuse projects. Surface waters, ground waters, treated stormwater, and drinking water may be used to supplement the reclaimed water supply for non-potable reuse projects.

(3) Supplemental sSurface water and stormwater supplies for non-potable reuse projects.

(a) through (d) No change.

(4) Supplemental gGround water supplies for non-potable reuse projects.

(a) 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,________.

 

PART IV RAPID-RATE LAND APPLICATION SYSTEMS

(RAPID INFILTRATION BASINS AND ABSORPTION FIELDS)

62-610.521 Setback Distances.

(1) through (6) No change.

(7) A 100-foot setback distance shall be provided from a reclaimed water transmission facility to a public water supply well and surface water intakes for a potable water supply. No setback distance is required to other potable water supply wells or to non-potable water supply wells.

(8) through (9) No change.

(10) A 500-foot setback distance shall be provided from new unlined storage ponds to potable water wells, as described in Rule 62-521.200, F.A.C., and surface water intakes for a potable water supply.

(11) 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 17-610.521, Amended 1-9-96, 8-8-99, 4-1-21, ________.

 

62-610.525 Projects Involving Additional Levels of Preapplication Treatment.

(1) through (6) No change.

(7) Total nitrogen shall be limited to 10 mg/L as nitrogen as a maximum annual average. Monthly average and single sample maximum permit limitations shall be established using the multipliers in subparagraph 62-600.740(2)(b)2. 62-600.740 (1)(b)2., F.A.C.

(8) Drinking water standards.

(a) 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.

1. The parameters listed as primary drinking water standards shall be applied as maximum single sample permit limits. The primary drinking water standards for asbestos and bacteriological parameters shall not apply. The primary drinking water standard for sodium shall be applied as a maximum annual average permit limitation. The multipliers in subparagarph 62-600.740(2)(b)2. 62-600.740(1)(b)2., F.A.C., shall be used to establish maximum monthly and single sample maximum permit limits for sodium.

2. 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)2. 62-600.740(1)(b)2., F.A.C., shall be used to establish maximum monthly and single sample maximum permit limits.

3. through 5. No change.

(b) through (c) No change.

(9) through (13) 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 17-610.525, Amended 1-9-96, 8-8-99, 8-8-21, _______.

 

PART V GROUND WATER RECHARGE AND SURFACE WATER DISCHARGES POTABLE REUSE

62-610.550 Description of System.

(1) Ground water recharge.

(a) No change.

(b) Before applying for a proposed ground water recharge or salinity barrier project, the applicant shall comply with the public notification requirements applicable pursuant to subsection 62-610.574(4)(d), F.A.C. Rule 62-520.410, F.A.C., identifies the designated uses of G-I, F-I, and G-II ground waters as being “potable water use.” As a result, it is likely that there may be elements of potable reuse associated with existing and proposed ground water recharge projects.

(c) 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 both direct and indirect potable reuse, as defined in Rule 62-565.200, F.A.C., and is regulated under Chapter 62-565, F.A.C. the planned use of reclaimed water to augment surface water resources which are used or will be used for public water supplies. Indirect potable reuse systems include:

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

(b) Discharges to other surface waters which are directly or indirectly connected to Class I surface waters, as described in Rule 62-610.555, 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 4-4-89, Formerly 17-610.550, Amended 1-9-96, 8-8-99, 4-1-21, ________.

 

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, ________.

 

62-610.554 Discharge to Class I Surface Waters.

(1) through (2) No change.

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

(4) through (6) renumbered (3) through (5) No change.

(6)(7) The reclaimed water shall be sampled and analyzed for TOC in accord with subsection 62-610.568(5) 62-610.568(4), F.A.C.

(7)_Limited wet weather discharges permitted in accordance with Rule 62-610.860, F.A.C., shall not be subject to the requirements of this rule.

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, ________.

 

62-610.555 Discharge to Other Surface Waters.

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

(a) through (c) No change.

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

(e) through (f) renumbered (d) through (e) No change.

(2) Discharge upstream of Class I waters.

(a) through (c) No change.

(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.

(4) No change.

(5) Limited wet weather discharges permitted in accordance with Rule 62-610.860, F.A.C., shall not be subject to the requirements of this rule.

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, ________.

 

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. Treatment and disinfection requirements for and indirect potable reuse projects are established in Chapter 62-565, F.A.C. as required by other rules within Part V of this chapter.

(2) Principal treatment and disinfection requirements.

(a) through (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(2)(b). 62-600.740(1)(b)2., F.A.C.

(3) Full treatment and disinfection requirements.

(a) For non-potable reuse projects, The 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) 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 total coliform bacteriological parameters shall be applied as the disinfection standard as described in Rule 62-550.830, 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)2. 62-600.740(1)(b)2, F.A.C., shall be used to establish maximum monthly and single sample maximum permit limits.

c. No change.

(c) through (e) No change.

(f) The treatment processes shall include processes which serve as multiple barriers for control of organic compounds and pathogens.

(4) No change.

(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, ________.

 

62-610.564 Pilot Testing Program For Non-Potable Reuse Projects.

(1) No change.

(2) The pilot testing program shall be designed to demonstrate the ability of the selected treatment processes 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. Pilot testing shall be done using wastewater/reclaimed water.

(3) No change

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

(a) through (c) No change.

(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.

(5) No change.

(6) Pilot testing requirements for potable reuse projects are established in Chapter 62-565, 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 4-4-89, Amended 4-2-90, Formerly 17-610.564, Amended 1-9-96, 8-8-99, 4-1-21, ________.

 

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 surface water discharges 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 Chapter 62-565, F.A.C., shall apply when reclaimed water is used as a water source for a potable reuse 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, ________.

 

62-610.568 Monitoring and Operating Protocol.

(1) No change.

(2) Reclaimed water limitations shall be met before injection to ground water or discharge to surface waters. For projects requiring high-level disinfection, the TSS total suspended solids limitation shall be achieved before disinfection, regardless of the actual reclaimed water compliance monitoring location.

(3) 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, ________.

 

62-610.573 Storage Requirements.

(1) through (2) No change.

(3) A separate, off-line system shall be provided for storage of off-spec reclaimed reject water not associated with a potable reuse project. Off-spec reclaimed Reject 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 off-spec reject reclaimed reject water to other parts of the treatment plant for further treatment shall be incorporated into the design. Off-spec reclaimed Reject water storage shall not be required if another reuse system requiring lower levels of preapplication treatment or effluent disposal system is permitted. Off-spec reclaimed water Reject storage ponds shall be lined or sealed to prevent measurable seepage, as described in Rule 62-610.414, F.A.C.

(4) No change.

(5) Off-spec water storage requirements for potable reuse projects are in Chapter 62-565, 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 4-4-89, Amended 4-2-90, Formerly 17-610.573, Amended 1-9-96, 8-8-99, 4-1-21, ________.

 

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

(1) through (2) No change.

(3) Permittees developing ground water recharge or surface water discharge indirect potable reuse projects that will be regulated under Part V of this 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 ASR projects and injection projects regulated by Rules 62-610.466, 62-610.560, or 62-610.562, F.A.C., that are not associated with a potable reuse project regulated under Chapter 62-565, 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), 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) through (d) 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, ________.

 

PART VI OVERLAND FLOW SYSTEMS

62-610.621 Setback Distances.

(1) through (3) No change.

(4) A 100-foot setback distance shall be provided from a reclaimed water transmission facility to a public water supply well and surface water intakes for a potable water supply. No setback distance is required to other potable water supply wells or to non-potable water supply wells.

(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 4-4-89, Amended 4-2-90, Formerly 17-610.621, Amended 1-9-96, 8-8-99, 4-1-21, ________.

 

PART VIII PERMITTING

62-610.810 Classification of Projects as “Reuse” or “Disposal.”

(1) No change.

(2) Reuse projects. The following shall be classified as “reuse:”

(a) through (e) No change.

(f) Indirect potable reuse projects permitted under Part V of this chapter.

(g) through (h) renumbered (f) through (g) No change.

(h) Potable reuse projects are permitted under Chapter 62-565, F.A.C.

(i) No change.

(3) Effluent disposal projects. The following shall be classified as “effluent disposal:”

(a) through (b) No change.

(c) On-site systems permitted by the Department under Chapter 62-6, 64E-6, F.A.C., including septic tanks.

(d) No change.

(e) Continuously loaded rapid-rate land application systems or absorption fields, unless they meet the criteria for ground water recharge or indirect potable reuse systems established in subsection 62-610.810(2), F.A.C., or meet the requirements of Rule 62-610.525, F.A.C., or the criteria for indirect potable reuse systems, as established in Chapter 62-565, F.A.C.

(f) No change.

(4) through (5) No change.

Rulemaking Authority 403.051, 403.061, 403.087, 403.0881 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.0881 FS. History–New 4-2-90, Formerly 17-610.810, Amended 1-9-96, 8-8-99, 4-1-21, _______.

 

62-610.850 Protection of Surface Water and Ground Water Quality.

(1) Protection of surface water quality, including springs.

(a) No change.

(b) Projects having point source discharges (e.g., surface water discharges indirect potable reuse projects permitted under Part V and overland flow projects permitted under Part VI of this chapter, and underdrained slow-rate and rapid-rate land application systems) shall be subject to all applicable discharge and permitting requirements contained in Department rules, Florida Statutes, and Laws of Florida, including the following:

1. through 10. No change.

(c) through (e) No change.

(2) No change.

Rulemaking Authority 403.051, 403.061, 403.087, 403.0881 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881 FS. History–New 4-2-90, Formerly 17-610.850, Amended 1-9-96, 4-1-21, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sydney Cummings, Environmental Administrator, Division of Water Resource Management.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shawn Hamilton, DEP Secretary.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 23, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 9, 2023; July 1, 2024.