The Department is revising subsection 62-621.500(1), F.A.C., the existing Generic Permit for Discharges from Fresh Citrus Fruit Packinghouses to Percolation Ponds, providing permit requirements that meet a level of protection commensurate with ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-621.500: Permits

PURPOSE AND EFFECT: The Department is revising subsection 62-621.500(1), F.A.C., the existing Generic Permit for Discharges from Fresh Citrus Fruit Packinghouses to Percolation Ponds, providing permit requirements that meet a level of protection commensurate with potential environmental impacts, based on long-term monitoring data from existing citrus packinghouse facilities under individual permits.

SUMMARY: The Department is amending this Generic Permit to standardize ground water monitoring, reduce the number of parameters and frequency of effluent and ground water sampling and to develop standard Best Management Practices (BMPs) that can be implemented at all facilities covered under the generic permit.

OTHER RULES INCORPORATING THIS RULE: 62-620.310; 62-660.806, F.A.C.

EFFECT ON THOSE OTHER RULES: None

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: The purpose of this rulemaking is to reduce and standardize the permitting requirements from what currently exists in Department rules. Therefore the rule reduces regulatory costs and does not impose any adverse impacts.

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: 403.061, 403.087, 403.088, 403.814 FS.

LAW IMPLEMENTED: 403.061, 403.087, 403.0877, 403.088, 403.814 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: June 25, 2012, 1:30 p.m. – 2:30 p.m.

PLACE: Conference Room A204/208, Department of Environmental Protection, Bob Martinez Center, 2600 Blair Stone Rd., Tallahassee, FL 32399

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: Shirley Shields, Department of Environmental Protection, MS 3545, 2600 Blair Stone Rd., Tallahassee, FL 32399-2400, [phone], [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: Allen Hubbard, Department of Environmental Protection, MS 3545, 2600 Blair Stone Rd., Tallahassee, FL 32399-2400, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-621.500 Permits.

(1) Generic Permit for Discharges from Fresh Citrus Fruit Packinghouses to Percolation Ponds.

(a) The document “Generic Permit for Discharges from Fresh Citrus Fruit Packinghouses to Percolation Ponds,” document number 62-621.500(1)(a), issued by the Department and dated (effective date of this revised rule), May 10, 2005, is hereby incorporated by reference and made part of this Chapter. This document may be obtained by contacting either the local Department District Office, by writing the Department of Environmental Protection, Industrial Wastewater Section, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department’s website or from (F.A.C. website link).

(b) Form number 62-621.500(1)(b), Notice of Intent to use Request for Coverage under the Generic Permit for Discharges from Fresh Citrus Fruit Packinghouses to Percolation Ponds, effective (effective date of this revised rule), May 10, 2005, is hereby incorporated by reference and made part of this Chapter. This form may be obtained by contacting either the local Department District Office, by writing the Department of Environmental Protection, Industrial Wastewater Section, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department’s website or from (F.A.C. website link).

(c) Definitions.

1. “Existing fresh citrus fruit packinghouse” or “existing facility” means a packinghouse which was in operation, under construction or under expansion on or before (effective date of this revised rule).

2. “Expanded fresh citrus fruit packinghouse” means a facility that increases the quantity of discharge flow.

3. “New fresh citrus fruit packinghouse” or “new facility” means a fresh citrus fruit packinghouse that begins construction after (effective date of this revised rule).

(d)(c) Applicability and Coverage.

1. This generic permit authorizes:

a. Construction and operation of new or expanded fresh citrus fruit packinghouses under Section 403.814, F.S., that use utilize percolation ponds to dispose discharge wash water to ground water; and

b. Operation of existing fresh citrus fruit packinghouses under Section 403.814, F.S., that use utilize percolation ponds to dispose discharge wash water to ground water.

2. This generic permit does not authorize: constitute authorization for the construction

a. Construction and operation of storm water management facilities under Part IV of Chapter 373, F.S;.

b. Discharge of domestic wastewater;

c. Discharge of vehicle or mobile equipment wash water; or

d.3. This generic permit does not constitute authorization to discharge of pollutants to waters of the United States under the National Pollutant Discharge Elimination System established by the federal Clean Water Act or surface waters of the state.

3. Existing facilities with current individual industrial wastewater permits or coverage under the generic permit adopted May 10, 2005, may submit DEP Form 62-621.500(1)(b), F.A.C., with Parts I, II, III and VI completed to convert directly to coverage under this generic permit, provided that;

a. The facility has no unresolved consent orders or notices of violation related to wastewater activities, and

b. The facility certifies in DEP Form 62-621.500(1)(b), F.A.C., that it does not propose to expand its discharge flow as defined in paragraph 62-621.500(1)(c), F.A.C.

4. Coverage under this generic permit is available for fresh citrus fruit packinghouses that utilize percolation ponds to discharge wash water to ground water, provided all criteria specified in the this permit are met.

5. through 6. No change.

7. Fresh Citrus Fruit Packinghouses that New and existing facilities that utilize percolation ponds to discharge wash water to ground water which do not qualify for coverage or do not choose to be covered under this generic permit shall:

a. through b. No change.

8. through 9. No change.

10. This generic permit does not apply to fresh citrus fruit packinghouses that use utilize sprayfield type land application wash water disposal systems, or other types of land application wash water disposal systems not otherwise complying with the requirements of this rule.

(e)(d) Exemptions.

1. Fresh Citrus Fruit Packinghouses Any facility as defined under this rule generating less than 5,000 gallons of wash water per day during the operating season are is exempt from the requirement to obtain a Department industrial wastewater permit if all of the following requirements are met:

a. The facility can document the volume of wash water generated.

b.a. Wash water Wastewater is not discharged directly to surface waters or to ground waters through wells or sinkholes that allow direct contact with Class G-I, F-1 or G-II ground waters as defined in Chapter 62-520, F.A.C.;

c.b. The disposal of the facility’s wash water wastewater does not cause or contribute to a violation of surface water and/or ground water quality standards; and

c. There is a 100-foot setback between the wetted perimeter and the facility’s property boundary;

d. Best Management Practices (BMPs) are implemented to minimize overflows and runoff from the land application site, and ensure proper pond maintenance.;

e. The facility shall maintain records in accordance with condition II.F.1. of this generic permit.

(f)(e) Requests for Coverage.

1. Request for coverage under this generic permit shall be submitted to the appropriate district office of the Department. New or expanded facilities shall submit For new facilities, requests for coverage shall be submitted at least 30 days prior to planned commencement of construction. Facilities seeking conversion from individual permits and facilities seeking continued coverage shall submit requests at least 30 days prior to expiration of current permit coverage. All rRequests for coverage for new and existing facilities shall include the following items:

1.a. Completed Notice of Intent to use the Request for Coverage Under Generic Permit for Discharges From Fresh Citrus Fruit Packinghouses to Percolation Ponds, DEP Form 62-621.500(1)(b);.

2.b. Applicable generic permit fee pursuant to Rule 62-4.050, F.A.C., and Section 403.087, F.S., as specified in Form 62-621.500(1)(b), Notice of Intent to use the Generic Permit for Discharges from Fresh Citrus Fruit Packinghouses to Percolation Ponds.

c. Ground Water Monitoring Plan prepared in accordance with Rule 62-621.500, F.A.C.

d. Engineering report, signed and sealed by a professional engineer in accordance with Part V.A.3, certifying that the design of the percolation pond meets the requirements of Part III of this permit.

2. The permittee may request continued coverage under this generic permit in accordance with the requirements contained in Rule 62-621.500(1)(e)1, F.A.C., above.  Alternatively, if no modifications or expansions to the facility have been made during the current term of coverage, the permittee may request continued coverage by completing Parts II, III, VII and VIII of DEP Form 62-621.500(1)(b), along with the applicable generic permit fee pursuant to Rule 62-4.050, F.A.C.

3.  Request for continued coverage under this generic permit shall be made at least 180 days before expiration of current coverage.

(2) No change.

Rulemaking Specific Authority 403.061, 403.087, 403.088, 403.814 FS. Law Implemented 403.061, 403.087, 403.0877, 403.088, 403.814 FS. History–New 5-10-05, Amended 2-7-06,               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Allen Hubbard

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 9, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 17, 2012