To ensure consistency with statutory requirements in Section 403.064, F.S., related to the linkage between reuse requirements in consumptive use permits and DEP permits. To encourage efficient and effective use of reclaimed water. To eliminate ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-610.100: Scope, Intent, Purpose, and Applicability
62-610.200: Definitions
62-610.300: General Technical Guidance, Related Rules, and Forms
62-610.419: Application/Distribution Systems and Cross-Connection Control
62-610.451: Minimum System Size
62-610.471: Setback Distances
62-610.568: Monitoring and Operating Protocol
62-610.800: Permitting Requirements
62-610.870: Reporting and Enforcement
PURPOSE AND EFFECT: To ensure consistency with statutory requirements in Section 403.064, F.S., related to the linkage between reuse requirements in consumptive use permits and DEP permits. To encourage efficient and effective use of reclaimed water. To eliminate outdated rule references or requirements. To clarify and refine the reuse rules.
SUMMARY: Rule 62-610.100 – add language to encourage efficient and effective reuse.
62-610.200 – add definitions for "potable quality water offset" and "recharge fraction."
62-610.300 – incorporate 2003 Strategies report by reference.
62-610.419 – add cross-connection control provisions for residential reuse regulated by Part II of the Chapter.
62-610.451 – refine language into 3 subsections instead of 4.
62-610.471 – clarify language on setbacks to public facilities.
62-610.568 – delete subsection (10).
62-610.800 – delete subparagraph (10)(a)4. Add subsections (13) and (14) dealing with metering & volume based rates, and efficient and effective reuse, respectively.
62-610.870 – add requirement to submit summary of metering activities.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 403.051, 403.061, 403.064, 403.087, 403.0881 FS.
LAW IMPLEMENTED: 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088, 403.0881 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 27, 2007, 9:00 a.m.
PLACE: 2600 Blair Stone Road, Room 609, 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: Lauren Walker-Coleman at [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: Lauren Walker-Coleman Water Reuse Specialist Department of Environmental Protection, 2600 Blair Stone Road, MS 3540, Tallahassee, FL 32399-2400, [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

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

(1) through (10) No change.

(11) The Department encourages efficient and effective use of reclaimed water featuring relatively high potable quality water offset or recharge fractions.

Specific 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,________.

 

62-610.200 Definitions.

(1) through (41) No change.

(42) “Potable quality water offset” means the amount of potable quality water (Class F-I, G-I, or G-II ground water or water meeting drinking water standards) saved through the use of reclaimed water expressed as a percentage of the total reclaimed water used. The potable quality water offset is calculated by dividing the amount of potable water saved by the amount of reclaimed water used and multiplying the quotient by 100.

(42) through (45) renumbered (43) through (46) No change.

(47) “Recharge fraction” means the portion of reclaimed water used in a reuse system that recharges an underlying potable quality ground water (Class F-I, G-I, or G-II ground water) that is used for potable supply, or augments a Class I surface water, expressed as a percentage of the total reclaimed water used.

(46) through (78) renumbered (48) through (80) No change.

Specific 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,________.

 

62-610.300 General Technical Guidance, Related Rules, and Forms.

(1) The following publications are referenced as technical guidance to assist utilities and engineers in planning, design, construction, and implementation of reuse and land application projects. Specific publications or portions of publications which contain enforceable criteria are specifically referenced elsewhere in this chapter. Information in the publications listed below does not supersede the specific requirements in this chapter.

(a) through (m) No change.

(n) Reuse Coordinating Committee and Water Conservation Initiative Water Reuse Workgroup, 2003. Water Reuse for Florida: Strategies for Effective Use of Reclaimed Water. Department of Environmental Protection, Domestic Wastewater Section, MS 3540, Blair Stone Road, Tallahassee, FL 32399-2400 (www.dep.state.fl.us/water/reuse/).

(2) through (4) No change.

Specific Authority 403.051, 403.061, 403.064 FS. Law Implemented 403.051, 403.061(7), (13), 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.300, Amended 1-9-96, 8-8-99, 3-9-06,_________.

 

62-610.419 Application/Distribution Systems and Cross-Connection Control.

(1) through (2) No change.

(3) No cross-connections to potable water systems shall be allowed. For systems permitted under subsection 62-610.418(2), F.A.C., the permittee shall develop and obtain Department acceptance for a cross-connection control and inspection program as discussed in Rules 62-610.469 and 62-555.360, F.A.C.

(4) No change.

Specific 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, Formerly 17-610.419, Amended 1-9-96,_________.

 

62-610.451 Minimum System Size.

(1) Except as provided in subsection 62-610.451(2), F.A.C., nNo treatment facility with a design average daily flow of less than 0.1 mgd shall have the produced reclaimed water made available for reuse activities covered by Part III of this chapter by slow-rate land application in public access areas.

(2) No treatment facility with a design average daily flow of less than 0.1 mgd shall have the produced reclaimed water made available for reuse by slow-rate land application on residential properties or on edible crops.

(3)  through (4) renumbered (2) through (3) No change.

Specific 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 17-610.451, Amended 1-9-96,________.

 

62-610.471 Setback Distances.

(1) through (5) No change.

(6) Setback distances are not required to outdoor public eating, drinking, and bathing facilities. However, wWithin 100 feet from outdoor public eating, drinking and bathing facilities, low trajectory nozzles, or other means to minimize aerosol formation shall be used.

(7) through (11) No change.

Specific 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,________.

 

62-610.568 Monitoring and Operating Protocol.

(1) through (9) No change.

(10) The reclaimed water shall be sampled annually for the unregulated organic contaminants listed in Rules 62-550.405, 62-550.410 and 62-550.415, F.A.C. Sampling for the unregulated organic contaminants shall be required only for the following types of projects:

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

(b) Discharge to waters contiguous to or tributary to Class I surface waters, as described in subsection 62-610.555(1), F.A.C.

(c) Injection projects used for ground water recharge or salinity barrier control, as described in Rules 62-610.560 or 62-610.562, F.A.C.

(d) Discharges to surface waters that are directly connected to ground water, which serve as ground water recharge, as described in subsection 62-610.555(4), F.A.C.

(11) through (12) renumbered (10) through (11) No change.

Specific 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,________.

 

62-610.800 Permitting Requirements.

(1) through (9) No change.

(10) Water Management District Coordination.

(a) Domestic wastewater permits issued by the Department shall be consistent with requirements for reuse included in applicable consumptive use permits issued by the water management district, if all of the following conditions are met:

1. through 3. No change.

4. The requirements for reuse in the consumptive use permit do not require elimination of permitted reuse facilities which meet the reuse criteria in Rule 62-610.810, F.A.C.

(b) No change.

(11) through (12) No change.

(13) Utilities implementing reuse projects are encouraged, except in the case of use by electric utilities as defined in Section 366.02(2), Florida Statutes, to meter use of reclaimed water by all end users and to charge for the use of reclaimed water based on the actual volume used when such metering and charges can be shown to encourage water conservation. Metering and the use of volume-based rates are effective water management tools for the following reuse activities: residential irrigation, agricultural irrigation, industrial uses, landscape irrigation, irrigation of other public access areas, commercial and institutional uses such as toilet flushing, and transfers to other reclaimed water utilities. Each domestic wastewater utility that provides reclaimed water for the reuse activities listed in this rule shall include a summary of its metering and rate structure as part of its annual reuse report to the Department.

(14) The Department encourages efficient and effective use of reclaimed water featuring relatively high potable quality water offset or recharge fractions as described in Table 5 in the publication entitled, Water Reuse for Florida: Strategies for Effective Use of Reclaimed Water.

Specific Authority 403.051, 403.061, 403.064, 403.087, 403.0881 FS. Law Implemented 403.021, 403.051, 403.061, 403.064, 403.087, 403.088, 403.0881 FS. History–New 4-2-90, Formerly 17-610.800, Amended 1-9-96, 8-8-99,________.

 

62-610.870 Reporting and Enforcement.

(1) through (2) No change.

(3) Annual Reuse Report.

(a) through (g) No change.

(h) Permittees making reclaimed water available for activities listed in subsection 62-610.800(13), F.A.C., shall attach a summary of the utility’s metering activities and the rate structure that the utility currently employs or plans to employ, as required by subsection 62-610.800(13), F.A.C., and Section 403.064(16), F.S.

Specific Authority 403.051, 403.061, 403.064, 403.087, 403.0881 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088, 403.0881 FS. History–New 4-2-90, Formerly 17-610.870, Amended 1-9-96, 8-8-99,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Lauren Walker-Coleman
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Janet Llewellyn
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 9, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 23, 2007