The objective of the proposed revisions is to reduce the regulatory burden for sand and limestone mines by authorizing a permittee that holds a current Environmental Resources Permit (ERP) to conduct mining and processing operations without the need ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-660.804General Permit for Sand and Limestone Mines

PURPOSE AND EFFECT: The objective of the proposed revisions is to reduce the regulatory burden for sand and limestone mines by authorizing a permittee that holds a current Environmental Resources Permit (ERP) to conduct mining and processing operations without the need to obtain a separate General Permit under the Industrial Wastewater Program.

SUMMARY: The proposed revisions authorize a permittee that holds a current Environmental Resources Permit (ERP) to conduct mining and processing operations without the need to obtain a separate General 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: 403.051, 403.814 FS.

LAW IMPLEMENTED: 120.55, 403.051, 403.061, 403.087 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: August 19, 2014, 10:00 a.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 at MS 3545, 2600 Blair Stone Road, Tallahassee, 32399-2400, [phone]. 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: Marc Harris, P.E., Department of Environmental Protection at MS 3545, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-660.804 General Permit for Sand and Limestone Mines.

(1) General Requirements. This rule authorizes a general permit for any person constructing or operating a sand or limestone mine designed and operated in accordance with this rule, provided that all of the conditions of this rule are met.

(2) Applicability and Coverage.

(a) Coverage under this general permit applies to existing sand and limestone mines which have coverage under this rule as of Month-Day-Year.

(b) Coverage under this general permit will apply to sand and limestone (including shell and coquina) mines that do not hold a current Environmental Resource Permit (ERP) issued under Part IV of Chapter 373, F.S. Facilities which have coverage under a current Environmental Resource Permit issued under Part IV of Chapter 373, F.S. do not need to renew this general permit.

(3) General Provision.

(a) Coverage under tThis general permit shall be subject to the general conditions of Rule 62-4.540, F.A.C.

(b) An applicant A permittee for a sand or limestone mine general permit shall complete and submit to the Department DEP Form 62-660.900(6), Sand and Limestone Mine General Permit Notification Form to Use the General Permit for Sand and Limestone Mines, effective Month-Day-Year, which is adopted and incorporated herein by reference. This form may be obtained by contacting the appropriate district office, or by writing the Department of Environmental Protection, Industrial Wastewater Program, Mail Station #3545 Bureau of Water Facilities Planning and Regulation, 2600 Blair Stone Road, MS 3535, Tallahassee, Florida 32399-2400, from the Department’s website or from https://www.flrules.org/gateway/reference.asp?No=Ref-04451. The general permit will become effective 30 days after Department receipt of the notification form, unless the Department notifies the permittee that the project does not qualify for a general permit.

(c) This general permit does not relieve the permittee of the responsibility for obtaining a wetlands resource permit or any other permits required by the Department or any other federal, state, or local agency. This general permit is not a National Pollutant Discharge Elimination System (NPDES) permit.

(d) This general permit is not valid for phosphate, peat, or heavy mineral mining operations.

(d) Coverage under this general permit is limited to a term not to exceed five years from the effective date of coverage.

(e) The permittee may request continued coverage under this general permit in accordance with the requirements contained in paragraph 62-660.804(3)(b), F.A.C., above. Request for continued coverage shall be made at least 30 days before expiration of the current coverage.

(f) The permittee is responsible for advising the Department within 30 days of any change in ownership, operator or contact information for the facility.

(4)(2) Definitions. For the purpose of this permit, the following terms shall, unless the context clearly indicates otherwise, have the following meanings: Terms used in this rule shall have the meaning specified below.

(a) “Heavy Minerals” shall be as defined in Section 378.403(7), F.S.

(b)(a) “Limestone mine” means any mining operation in which the primary resource mined is composed principally of calcium or magnesium carbonate, which includes shell and coquina, along with the associated processing facility, water control system, and settling ponds.

(c)(b) “Pollutants” shall be as defined in Section 403.031, F.S. mean any product defined as a pollutant in Section 206.9925, F.S.

(d)(c) “Sand mine” means an area of land from which sand (excluding heavy minerals) is being mined, along with the associated processing facility, water control system, and settling ponds.

(5)(3) Information Requirements.

(a) The permittee shall submit a site plan, at a suitable scale, which clearly identifies the information as outlined in Department DEP Form 62-660.900(6), Notification Form to Use the General Permit for Sand and Limestone Mines, effective, Month-Day-Year. following:

1. Locations of discharges and receiving waters for storm events exceeding a 25-year, 24-hour storm event.

2. Existing and proposed areas to be mined.

3. Existing and proposed process wastewater storage areas.

(b) The facility shall have an exemption from ground water monitoring before use of this general permit.

(c) The facility shall have a permit under Chapter 373, F.S., for the Management and Storage of Surface Waters (MSSW), a consumptive use permit, or one or more letters of exemption from the Water Management District or delegated agency that has jurisdiction over the facility.

(d) The facility shall have filed a notice of mining or intent to mine with the Department of Environmental Protection.

(b)(e) A Best Management Practices (BMP) Plan shall be developed and implemented for the facility. The BMP Plan shall include elements designed to prevent or minimize the potential for the release of pollutants to waters of the state from all ancillary activities. Ancillary activities may include including material storage areas, plant site runoff, in-plant transfer, process and material handling areas, and loading and unloading operations through plant site runoff, spillage or leaks, or drainage from raw material storage. The BMP Plan shall be subject to the following requirements:

1. The applicant shall maintain the BMP Plan at the facility and shall make the plan available to the Department upon request.

2. The BMP Plan shall be maintained in written form, documented in narrative form, and shall include any necessary site plot plans, drawings, or maps. The BMP Plan shall be prepared and certified by a professional engineer registered in the State of Florida and shall be reviewed by the facility plant engineering staff and the plant manager.

3. The BMP Plan shall identify areas, systems or components of the facility that have a potential for causing a release of pollutants to waters of the state, due to equipment failure, improper operation, or natural phenomena such as extreme rain or winds.

4. The plan shall include a prediction of the direction, rate of flow, and total quantity of pollutants which could be discharged from the facility as a result of equipment failure, improper operation, or natural phenomena such as extreme rain or winds.

5. The BMP Plan shall establish specific preventive preventative and remedial procedures to prevent pollutants from reaching waters of the state in amounts which will cause a violation of water quality standards.

6. The BMP Plan shall be revised modified as necessary whenever there is a change at the facility which increases the potential for the release of pollutants to waters of the state.

7. The facility shall be reasonably maintained to prevent entry of unauthorized personnel.

8. The facility is not required to prepare a separate BMP if all of the requirements of the BMP Plan are addressed within a Stormwater Pollution Prevention Plan (SWPPP).

(6)(4) Design Requirements. A professional engineer registered in the State of Florida shall certify the following:

(a)(b) All earthen dams storing process wastewater and runoff above grade shall be constructed and maintained in accordance with good engineering practices.

(b)(a) A professional engineer registered in the State of Florida shall certify that Tthe sand or limestone mine is designed to recycle process wastewater and contain process wastewater and runoff from storm events up to a 25-year, 24-hour storm event.

(c) The mine shall be reasonably designed and maintained to prevent entry of unauthorized personnel.

(7)(5) Operational Requirements.

(a) There shall be no discharge from storage ponds to surface waters except as a result of storms exceeding a 25-year, 24-hour storm or equivalent event.

(b) No chemicals, except water conditioners, or pH adjusters and chemicals which have been demonstrated as to not adversely affect human health or aquatic life which have been approved by the Department as not adversely affecting the quality of the water contained in the mine, shall be added to the process water used for transporting, washing or processing of the sand or limestone. Records of all chemicals used (including dosage rates) by the facility must be kept and made available for inspection to the Department upon request.

Rulemaking Specific Authority 403.051, 403.814 FS. Law Implemented 120.55, 403.051, 403.061, 403.087, 403.814 FS. History–New 1-2-91, Amended 4-22-93, Formerly 17-660.804, Amended 12-24-96,___________.

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 10, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 14, 2014