General Provisions for Ground Water, Permit Renewal and Modification Procedures for Installations Discharging to Ground Water, Exemptions for Installations Discharging Into Class G-I or G-II Ground Water, Ground Water Monitoring Requirements and ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-520.310: General Provisions for Ground Water
62-520.470: Permit Renewal and Modification Procedures for Installations Discharging to Ground Water
62-520.500: Exemptions for Installations Discharging Into Class G-I or G-II Ground Water
62-520.600: Ground Water Monitoring Requirements and Exemptions

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. 34, No. 26, June 27, 2008 issue of the Florida Administrative Weekly.

62-520.310 General Provisions for Ground Water.

(1) through (9) No change.

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

62-520.470 Modification Procedures for Zones of Discharge or Monitoring Requirements.

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

(a) through (f) No change.

(2) through (3) No change.

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

(1) In order for a specific installation to seek an exemption from water quality criteria, which include the primary and secondary standards and minimum criteria set forth in this chapter, the permittee or permit applicant must file a petition with the agency clerk in the Department’s Office of General Counsel, 3900 Commonwealth Blvd., MS 35, Tallahassee, Florida 32399-3000. The petitioner must provide the fee of $6000 per parameter with the petition. The petition shall include alternative compliance levels for the parameters from which an exemption is being sought. The petitioner will be granted the exemption if the petitioner must affirmatively demonstrates each of the following:

(a) through (f) No change.

(2) through (3) No change.

62-520.600 Ground Water Monitoring Requirements and Exemptions.

(1) The purpose of a ground water monitoring plan is to provide the data needed to evaluate an installation’s compliance with the ground water requirements contained in this chapter. Unless otherwise exempted by Department rule, any installation discharging into ground water shall establish a monitoring program as described in subsection (3) below. Subsection 62-520.310(4), F.A.C., provides that other Department rules with different ground water requirements for specific types of installations will supersede these generally applicable requirements. If requested by the permittee, a monitoring program instituted under some other state, federal, or local government regulation or permit shall be substituted for this program if it is in substantial compliance with subsection (3) below. All field and laboratory activities performed under a monitoring program and shall meet the quality assurance requirements in Chapter 62-160, F.A.C.

(2) No change.

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

(a) through (h) No change.

(i) Identify the location and use of all wells within 1000 500 feet of the site and all wells within the installation’s property boundary.

(4) Plan Approval. The plan shall be approved if it will provide the data needed to evaluate an installation’s compliance with the ground water requirements contained in this chapter. If the plan is approved, it will become part of the permit. If a permit is not associated with the plan, a letter of approval, denial, or request for modification will be sent to the applicant. A letter of approval or denial shall have a notice of rights for an administrative hearing under Sections 120.569 and 120.57, F.S.

(5) No change.

(6) Location, Design, and Construction of Monitoring Wells to Detect Migration of Contaminants. Monitoring wells shall be as follows:

(a) through (k) No change.

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