Revisions to Rule 62-620.610, F.A.C., are being proposed to ensure proper reporting of noncompliance such as sanitary sewer overflows, spills, bypasses, and unauthorized discharges.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-620.610General Conditions for All Permits

PURPOSE AND EFFECT: Revisions to Rule 62-620.610, F.A.C., are being proposed to ensure proper reporting of noncompliance such as sanitary sewer overflows, spills, bypasses, and unauthorized discharges.

SUMMARY: The Department is proposing amendments to Rule 62-620.610, F.A.C., to revise the general condition for reporting noncompliance such as sanitary sewer overflows, spills, bypasses, and unauthorized discharges. The revisions add data elements to be reported, update terminology, exclude certain reclaimed water discharges, and incorporate public notification of pollution provisions of Section 403.077, Florida Statutes. These amendments are consistent with the Florida’s Clean Waterways Act of 2020.

OTHER RULES INCORPORATING THIS RULE: 5M-12.007, 62-4.050, 62-4.052, 62-110.107, 62-302.300, 62-306.800, 62-600.550, 62-600.680, 62-602.650, 62-610.300, 62-610.310, 62-610.320, 62-610.466, 62-610.560, 62-610.573, 62-610.574, 62-610.650, 62-610.670, 62-610.800, 62-610.830, 62-610.850, 62-610.870, 62-620.100, 62-620.200, 62-620.300, 62-620.301, 62-620.302, 62-620.305, 62-620.310, 62-620.320, 62-620.325, 62-620.335, 62-620.340, 62-620.345, 62-620.350, 62-620.400, 62-620.410, 62-620.510, 62-620.550, 62-62.555, 62-620.610, 62-620.620, 62-620.625, 62-620.630, 62-620.705, 62-620.710, 62-620.715, 62-620.800, 62-620.910, 62-621.100, 62-621.101, 62-621.250, 62-621.500, 62-624.310, 62-625.200, 62-640.300, 62-640.650, 62-640.850, 62-640.880, 62-660.806, 62-673.600, 62-740.030, F.A.C.

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: Based on the Department’s economic review, neither a SERC nor legislative ratification is required because the adoption of the proposed rule does not increase regulatory costs directly or indirectly to the public.

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, 403.077, 403.087, F.S.

LAW IMPLEMENTED: 403.051, 403.061, 403.077, 403.087, 403.088, 403.0885, FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: Maurice Barker, Senior Program Analyst, Division of Water Resource Management, MS 3545, 2600 Blair Stone Road, Tallahassee, FL 32399, [phone] or by email at [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: Maurice Barker, Senior Program Analyst, Division of Water Resource Management, MS 3545, 2600 Blair Stone Road, Tallahassee, FL 32399, [phone] or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-620.610 General Conditions for All Permits.

All permits, except General and Generic Permits, issued by the Department under this chapter shall include the following conditions:

(1)    through (19) No change.

(20) The permittee shall report to the Department any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance including exact dates and times time, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; clean up actions taken and status; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. For noncompliance events related to sanitary sewer overflows, bypass events, or unauthorized discharges, these reports must include the data described above (with the exception of time of discovery) as well as the type of event (e.g., sanitary sewer overflow, bypass, unauthorized discharge); type of sanitary sewer overflow structure (e.g., manhole); the discharge location address and latitude/longitude; type of water discharged; discharge volumes and volumes recovered; volume discharged to surface waters and receiving waterbody name; types of human health and environmental impacts of the sanitary sewer overflow, bypass event, or unauthorized discharge (e.g., beach closure); whether the noncompliance was caused by a thrid party; and whether the noncompliance was related to wet weather. The written submission may be provided electronically using the Department’s Business Portal at http://www.fldepportal.com/go/ (via “Submit” followed by “Report” or “Registration/Notification”). Notice required for public notice of pollution under paragraph (d) may be provided together with the written submission using the Business Portal. All noncompliance events related to sanitary sewer overflows or bypass events submitted after (effective date of rule), shall be submitted electronically.

(a) The following shall be included as information which must be reported within 24 hours under this condition:

1. through 3. No change.

4. Any unauthorized discharge to surface or ground waters, except for discharges to ground water of reclaimed water meeting Part III or Part V treatment standards under Chapter 62-610, F.A.C.

(b) Oral reports as required by this subsection shall be provided as follows:

1. For unauthorized releases or spills of treated or untreated wastewater reported pursuant to subparagraph (a)4., that are in excess of 1,000 gallons per incident, or where information indicates that public health or the environment will be endangered, oral reports shall be provided to the Department by calling the State WATCH OFFICE Warning Point toll free number [phone], as soon as practicable practical, but no later than 24 hours from the time the permittee becomes aware of the discharge. The permittee, to the extent known, shall provide the following information to the State Watch Office Warning Point:

a. through j. No change.

2. No change.

(c) No change.

(d) In accordance with Section 403.077, F.S., unauthorized releases or spills reportable to the State Watch Office pursuant to subparagraph (b)1. above shall also be reported to the Department within 24 hours from the time the permittee becomes aware of the discharge. The permittee shall provide to the Department information reported to the State Watch Office. Notice of unauthorized releases or spills may be provided to the Department through the Department’s Public Notice of Pollution web page at https://floridadep.gov/pollutionnotice or by reporting electronically using the Department’s Business Portal at http://www.fldepportal.com/go/ (via “Submit” followed by “Report” or “Registration/Notification”).

1. If, after providing notice pursuant to paragraph (d) above, the permittee determines that a reportable unauthorized release or spill did not occur or that an amendment to the notice is warranted, the permittee may submit a letter to the Department documenting such determination at [e-mail].

2. If, after providing notice pursuant to paragraph (d) above, the permittee discovers that a reportable unauthorized release or spill has migrated outside the property boundaries of the installation, the permittee must provide an additional notice to the Department that the release has migrated outside the property boundaries within 24 hours after its discovery of the migration outside of the property boundaries.

(e) Unless discharged to surface waters, a spill, release, discharge, upset or bypass involving reclaimed water meeting Part III or Part V treatment standards under Chapter 62-610, F.A.C., shall not be considered to endanger health or the environment and shall be reported under subsection (21) of this permit.

(21) through (23) No change.

Rulemaking Authority 403.061, 403.077, 403.087 FS. Law Implemented 403.051, 403.061, 403.077, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00, 4-17-02, 12-23-04, 2-7-06,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Maurice Barker, Senior Program Analyst, Wastewater Management Program

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shawn Hamilton, Interim Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 14, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2020