The Department is revising subsection 62-621.300(4), F.A.C., the existing Stormwater NPDES Construction Generic Permit (CGP) to be consistent with the United States Environmental Protection Agency's rule revisions adopted 2012. The Department is ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-621.300Permits

PURPOSE AND EFFECT: The Department is revising subsection 62-621.300(4), F.A.C., the existing Stormwater NPDES Construction Generic Permit (CGP) to be consistent with the United States Environmental Protection Agency's rule revisions adopted 2012. The Department is also revising subsection 62-621.300(2), F.A.C., the existing Industrial Wastewater NPDES Generic Permit for the Discharge of Ground Water from Dewatering Operations (dewatering). The rule is being revised to eliminate permitting duplication for sites covered under the CGP that also have dewatering operations which will no longer need separate coverage under the industrial wastewater generic permits. Further, the revised dewatering generic permit is expected to reduce monitoring costs by approximately $950.00 on the first year of coverage alone, per facility, by eliminating initial screening and replacing effluent monitoring with site specific control measures (Best Management Practices). The new sediment control measures are more effective at minimizing or eliminating pollutant discharges from dewatering operations to surface waters of the State.

SUMMARY: The proposed revisions to the stormwater NPDES generic permit include provisions authorizing construction dewatering for non-contaminated ground water, with appropriate control measures for non-stormwater discharge. Revisions to the dewatering permit will provide that sites covered under the CGP that also have dewatering operations do not need separate coverage under the industrial wastewater generic permits. The combined revisions will have the effect of allowing sites covered by the CGP to conduct dewatering operations without the need to obtain a separate NPDES permit under the Industrial Wastewater Program.

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:

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: 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.088, 403.0885, 403.814 FS.

LAW IMPLEMENTED: 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.088, 403.0877, 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: July 17, 2014, 2:00 p.m.

PLACE: Department of Environmental Protection, Bob Martinez Center, 6th Floor, Room 609, 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: 62-621.300, Borja Crane-Amores, Department of Environmental Protection, MS 3585, 2600 Blair Stone Rd., Tallahassee, FL 32399-2400, [phone], [e-mail], for the subsection 62-621.300(4), F.A.C., Generic Permit from Large and Small Construction Activities. Abel Agosto, Department of Environmental Protection, MS 3545, 2600 Blair Stone Rd., Tallahassee, FL 32399-2400, [phone], [e-mail], for the subsection 62-621.300(2), F.A.C., Generic Permit for the Discharge of Ground Water from Dewatering Operations

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-621.300 Permits.

(1) No change.

(2) Generic Permit for Discharge of Ground Water from Dewatering Operations. Generic Permit for Discharge of Produced Ground Water From any Non-Contaminated Site Activity.

(a) The document "Generic Permit for Discharge of Ground Water from Dewatering Operations, Generic Permit for Discharge of Produced Ground Water From any Non-Contaminated Site Activity." document number 62- 621.300(2)(a), issued by the Department and effective Month Day, Year, is hereby adopted and incorporated by reference and made part of this Chapter. This document may be obtained by either contacting the local Department District Office, by writing to the Department of Environmental Protection, Industrial Wastewater Program Section, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04262.

(b) Form 62-621.300(2)(b), Notice of Intent to Use the Generic Permit for Discharge of Ground Water from Dewatering Operations, (NOI), effective Month Day, Year, is hereby adopted and incorporated by reference. This form may be obtained by either contacting the local Department District Office, by writing the Department of Environmental Protection, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04263.

(c) Applicability and Coverage.

1. Coverage under this generic permit is available for discharge of ground water from dewatering operations to surface waters of the State, provided all criteria specified in this generic permit are met. Applicants seeking coverage under this permit shall submit a Notice of Intent to Use the Generic Permit for Discharge of Ground Water from Dewatering Operations, DEP Form 62-621.300(2)(b) as specified in that form. The permittee shall meet the effluent limitations and requirements specified in this generic permit.

2. This generic permit authorizes the discharge of ground water from dewatering operations through a point source to surface waters of the State under the State's Federally-approved NPDES program only and does not relieve the permittee of the responsibility of obtaining any other federal, state, or local government permit.

3. For the purposes of this section, ‘dewatering operations’ means  temporarily lowering the water table by draining or pumping of ground water from activities such as excavations, building foundations, vaults, trenches and aquifer performance tests for exploratory purposes.

4. Beginning (effective date of the rule) dewatering operations as defined herein seeking coverage under the NPDES Generic Permit for Stormwater Discharges from Large and Small Construction Activities under subsection 62- 621.300(4), F.A.C, are not required to obtain separate coverage under this permit.

5. Coverage under this generic permit shall not be effective until the applicant receives written notification from the Department.

(d) Discharges of ground water from dewatering operations are limited to a term not to exceed five years from the effective date of coverage.

(e) Requests for Coverage.

1. Requests for coverage under this generic permit shall be submitted at least 14 days prior to the planned commencement of discharge, to the industrial wastewater program at the local DEP office. Electronic submittal is preferred and may be available at the DEP Business Portal. The submission shall include the following: Completed Notice of Intent to Use Generic Permit for Discharge of Ground Water from Dewatering Operations, DEP Form 62- 621.300(2)(b) and applicable fee as indicated in the form. Prior to the submittal of the NOI, the applicant shall develop best management practices consistent with Part IV. of this generic permit (DEP Document 62- 621.300(2)(a)), which shall be implemented upon commencement of discharge.

2. The permittee may request renewal of coverage under this generic permit by submitting DEP Form 62- 621.300(2)(b) and applicable fee as indicated in the form at least 14 days before expiration of current coverage.

3. Request for transfer of ownership under this generic permit shall be submitted to the industrial wastewater program at the local DEP office using DEP Form 62-620.910(11) and a $50.00 processing fee pursuant to Rule 62-4.050, F.A.C.

4. There is no annual fee for sites authorized to discharge under this generic permit pursuant to Rule 62- 4.052, F.A.C.

5. Existing dewatering operations with current coverage under the Generic Permit for Discharge of Produced Ground Water From any Non-Contaminated Site Activity effective  February 14, 2000, shall continue to meet the requirements of that permit unless the permittee elects to submit a complete DEP Form 62-621.300(2)(b), F.A.C., to convert to coverage under this generic permit.

(f) To terminate coverage under this generic permit the permittee shall submit DEP Form 62-621.300(2)(f), Notice of Termination Generic Permit for Discharge of Ground Water from Dewatering Operations effective Month Day, Year, which is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Bob Martinez Center, Industrial Wastewater Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department’s website, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04264.

(3) No change.

(4) Generic Permit for Stormwater Discharge from Large and Small Construction Activities.

(a) The document “Generic Permit for Stormwater Discharge from Large and Small Construction Activities,” document number 62-621.300(4)(a), issued by the Department and effective DATE February 17, 2009, is hereby adopted and incorporated by reference and made a part of this chapter. This form may be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585 2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website at http://www.dep.state.fl.us/water/stormwater/npdes/permits_forms.htm or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04265.

For use by permitees in order to comply with permit conditions contained in Part V of the “Generic Permit for Stormwater Discharge from Large and Small Construction Activities,” The the manual entitled State of Florida Erosion and Sediment Control Designer and Reviewer Manual, FDOT, FDEP (2013) (2007), available on the Department’s website at http://www.dep.state.fl.us/water/stormwater/npdes, is hereby adopted and incorporated by reference. and made part of this chapter for the purposes of incorporation into the “Generic Permit for Stormwater Discharge from Large and Small Construction Activities” only. Copies of this manual are available from the Department of Environmental Protection, NPDES Stormwater Program, MS 3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, online at http://stormwater.ucf.edu/publications/RevisedDesignerManual.pdf or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04227.

(b) Form number 62-621.300(4)(b), Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, effective DATE February 17, 2009, is hereby adopted and incorporated by reference and made part of this chapter. This form may be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585 2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website at http://www.dep.state.fl.us/water/stormwater/npdes/permits_forms.htm or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04266.

(5) No change.

(6) Form number 62-621.300(6), National Pollutant Discharge Elimination System (NPDES) Stormwater Notice of Termination effective DATE February 17, 2009, is hereby adopted and incorporated by reference and made a part of this chapter. Facilities or activities seeking to terminate coverage under the generic permits in subsections 62-621.300(4) and (5), F.A.C., as well as the conditional exclusion for “no exposure” of industrial activities and materials to stormwater provided in paragraph 62-620.100(2)(o), F.A.C., shall file a National Pollutant Discharge Elimination System (NPDES) Stormwater Notice of Termination with the Department. This form may be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #35852510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website at http://www.dep.state.fl.us/water/stormwater/npdes/permits_forms.htm or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04267.

(7) through (8) No change.

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,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Thomasson, Director, Division of Water Resource Management

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 27, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 3, 2013