Revisions to Chapter 62-604, F.A.C., are being proposed to ensure the proper collection and transmission of domestic wastewater.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-604.100Scope, Intent, Purpose, and Applicability

62-604.130Prohibitions

62-604.200Definitions

62-604.300General Technical Guidance, Related Rules, and Forms

62-604.400Design/Performance Considerations

62-604.500Operation and Maintenance

62-604.550Abnormal Events

62-604.600Procedure to Obtain Construction Permits

62-604.700Placing Collection/Transmission Systems into Operation

PURPOSE AND EFFECT: Revisions to Chapter 62-604, F.A.C., are being proposed to ensure the proper collection and transmission of domestic wastewater.

SUMMARY: The Department is proposing amendments to Chapter 62-604, F.A.C., entitled Collection Systems and Transmission Facilities, to update provisions, streamline processes including permitting, improve the collection and transmission of domestic wastewater, and implement the relevant requirements of Florida’s Clean Waterways Act (Chapter 2020-150, Laws of Florida). The revisions clarify that emergency pumping capability must be maintained; emergency response plans shall address hurricanes, cybersecurity, and surface water monitoring; that collection systems be operated and maintained to prevent infiltration, inflow, and leakages; and to minimize sanitary sewer overflows. The revisions also clarify separation requirements between sewers and water mains as well as provide timeframes for placing newly constructed collection systems into operation.

OTHER RULES INCORPORATING THIS RULE: 62-302.300, 62-600.300, 62-610.469, 62-620.400, 62-620.410, 62-620.620, 62-620.630, 62-660.806, 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, 403.087, 403.814(1), F.S.

LAW IMPLEMENTED: 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.121, 403.131, 403.161, 403.182, 403.814, F.S.

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:

 

 

62-604.100 Scope, Intent, Purpose, and Applicability.

(1) Section 403.021(2), Florida Statutes, as amended, the Florida Air and Water Pollution Control Act, established that no wastes are to be discharged to any waters of the state without first being given the degree of the treatment necessary to protect the beneficial uses of such water. Section 403.051(2)(a), F.S., mandates that any Department planning, design, construction, modification or operating standards, criteria, and requirements for wastewater collection/transmission be developed as a rule or regulation. This rule is promulgated to implement the provisions and requirements of Sections 403.051, 403.085, 403.086, 403.087, 403.088, F.S., concerning wastewater collection/transmission systems.

(2) It is the policy of the Department to encourage an applicant, prior to submittal of a permit application, to study and evaluate alternative techniques and to discuss alternatives with the Department.

(a) The Department encourages inclusion of relevant public health, economic, scientific, energy, engineering and environmental considerations in such evaluations.

(b) The Department encourages environmentally acceptable alternatives which provide the most economic and energy efficient methods of complying with the requirements of this rule.

(3) The Commission, recognizing the complexity of water quality management and the necessity to temper regulatory actions with the realities of technological progress and social and economic well-being, nevertheless, intends to prohibit any discharge of pollution that constitutes a hazard to human health.

(1)(4) These rules are intended shall be liberally construed to assure that all waters of the state shall be free from components of wastewater discharges which, alone or in combination with other substances, are acutely toxic; are present in concentrations which are carcinogenic, mutagenic, or teratogenic to humans, animals, or aquatic species; or otherwise pose a serious threat to the public health, safety, and welfare.

(5) The requirements of this rule represent the specific requirements of the Florida Department of Environmental Protection and of Local Pollution Control Programs approved and established pursuant to Section 403.182, F.S., where such authority has been delegated to those programs. It may be necessary for wastewater facilities to conform with requirements of other agencies, established via interagency agreements (e.g., for mosquito control); the absence of reference to such arrangements in this chapter does not negate the need for compliance with those requirements.

(6) Pursuant to Section 403.1815, F.S., the Department may authorize a county or municipality to independently regulate the construction of gravity sewage collection systems of 12 inches or less in diameter, sewage force mains of 12 inches or less in diameter, and pump stations appurtenant to such force mains, provided the treatment plant is owned by the county or municipality making the request for approval or, pursuant to local agreement, plant capacity is provided from a plant owned by another county or municipality. Such authorization does not negate the necessity for complying with the applicable design standards contained in this rule.

(7) The purpose of Chapter 62-604, F.A.C., is to provide minimum design and operation and maintenance standards for domestic wastewater collection/transmission systems. Systems shall be designed in accordance with sound engineering practice. Supported by moderating provisions, it is intended that Chapter 62-604, F.A.C., establish a framework whereby design flexibility and sound engineering practice can be used in developing systems with which to collect and transport domestic wastewater in an environmentally sound manner.

(8) through (9) renumbered (2) through (3) No change.

(4)(10) Requirements in this chapter do not apply to reclaimed water distribution lines. Requirements for permitting, design and construction of reclaimed water distribution systems are included in Chapter 62-610, F.A.C., and Chapter 62-620, F.A.C.

(11) This rule provides for exemptions, allowances and variations from requirements. Unless specifically provided otherwise, requirements in this rule shall be applicable only to new domestic wastewater collection/transmission facilities for which construction permit applications are approved by the Department after November 6, 2003. This rule also shall apply to all facilities existing prior to November 6, 2003, when such facilities are to be modified, but such applicability shall apply only to the modification thereof.

(5)(12) Specific activities required to obtain a permit are outlined in Rule 62-604.600, F.A.C.

(6)(13) No change.

Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 6-4-92, Formerly 17-604.100, Amended 12-26-96, 11-6-03, ­­­_____.

 

62-604.130 Prohibitions.

The following acts and the causing thereof are prohibited.

(1) The release or disposal of excreta, sewage, or other wastewaters or biosolids residuals without providing proper treatment approved by the Department; construction or operation of a wastewater collection system not in compliance with this rule; or any act otherwise violating provisions of this rule or of any other rules of the Department.

(2) through (4) No change.

(5) The acceptance, by the operating authority of a collection/transmission system or by the permittee of a treatment plant, of connections of wastewater discharges which have not received necessary pretreatment as defined in Rule 62-625.200, F.A.C., or which contain materials or pollutants (other than domestic wastewater constituents):

(a) through (e) No change.

(6) through (7) No change.

Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.121, 403.131, 403.161 FS. History–New 11-27-89, Formerly 17-604.130, Amended 12-26-96, 11-6-03,         .

 

62-604.200 Definitions.

Terms used in this rule shall have the meaning specified below. The meaning of any term not defined below may be taken from definitions in other rules of the Department, unless such meaning would defeat the purposes or intent of Chapter 62-604, F.A.C.

(1)    through (2) No change.

(3) “Commission” means the Environmental Regulation Commission.

(4) through (8) renumbered (3) through (7) No change.

(8) “Infiltration” means groundwater that enters a collection/transmission system, including service connections, through defective pipes, pipe joints, connections, service connections, manholes, or pump stations. Infiltration does not include, and is distiguished from inflow. Infiltration is generally observed during seasonally high ground water conditions.  

(9) “Inflow” means surface water and stormwater that enters a collection/transmission system, including service connections, from sources such as roof leaders, cellar drains, yard drains, area drains, drains from wet areas, foundation drains, cross connections between storm sewers and sanitary sewers, catch basins, stormwater, surface rounoff, manhole covers, or drainage. Inflow does not include permitted industrial discharges into the collection system or the intentional introduction of water into a collection system to supplement reclaimed water supplies. Inflow does not include, and is distinguished from, infiltration. Inflow is generally observed during wet weather as well as in coastal communities during some high tide flooding events. 

(10) “Leakage” or “exfiltration” means wastewater that leaks into surrounding soil from deteriorated, poorly designed, poorly constructed, or otherwise defective collection/transmission systems including from service connections, pipes, manholes, and pump stations.

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

(11) “Pollution” is as defined in Section 403.031, F.S.

(12) “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the treatment facility. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

(13) No change.

(14) “Public drinking water supply well” means a well serving a public water system as defined in Rule 62-550.200, F.A.C., or a well serving a limited use commercial public water system or limited use community public water system as defined in Rule 62-532.200, F.A.C.

(15) “Sanitary sewer overflow” means any overflow, spill, release, discharge, or diversion of wastewater from a domestic wastewater collection/transmission system.

(16) “Satellite collection system” means a collection/transmission system owned or operated by an entity other than the entity that owns the wastewater treatment facility.  

(15) “Secretary” means the Secretary of the Department of Environmental Protection.

(16) renumbered (17) No change.

(17) “Treatment plant” means any plant or other works used for the purpose of treating, stabilizing, or holding wastes.

(18) “Wastes” means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances which may pollute or tend to pollute any waters of the State.

(19) renumbered (18) No change.

(19)(20) “Wastewater facility” or “facility” means any facility which discharges wastes into waters of the State or which can reasonably be expected to be a source of water pollution and includes any or all of the following: the collection and transmission system, the wastewater treatment works, the reuse or disposal system, and the biosolids residuals management facility.

(21) renumbered (20) No change.

Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 6-4-92, Formerly 17-604.200, Amended 12-26-96, 11-6-03,          .

62-604.300 General Technical Guidance, Related Rules, and Forms.

(1) The technical standards and criteria contained in the following standard manuals and technical publications listed in subsection (2), provide guidance to assist applicants, permittees, and owners/operators of collection/transmission systems to comply with this chapter (5), below, and those referenced throughout this rule are hereby incorporated by reference and shall be applied, if applicable, in determining whether permits allowing construction or modification of collection/transmission systems shall be issued or denied. Copies are available for review at the Department of Environmental Protection, Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400.

(2) Deviations from the standards and criteria contained in the publications listed in subsection (5), below, shall be approved by the Department provided that:

(a) The engineer’s report provides reasonable assurance that the proposed design will provide collection/transmission meeting the requirements of this rule; and either:

(b) Conforming with these standards cannot be done except at unreasonably higher costs, or

(c) It is not technically feasible to conform to these standards because of site conditions or incompatibility with a proposed facility design employing new and innovative techniques which assure compliance with the remainder of this rule.

(3) In cases where the standards and criteria contained in the publications listed in subsection (5), below, conflict with this rule or other rules of the Department, Department standards and rules shall control.

(4)               In cases where the standards and criteria contained in the publications listed in subsection (5), below, conflict, the standards and criteria contained in the publication listed in paragraph (5)(g), shall be used.

(2)(5) Standard Manuals and Publications.

(a) through (f) No change.

(g) Recommended Standards for Wastewater Facilities (2014) (1997). Health Research, Inc., Health Education Services Division Service, Inc., P.O. Box 7126, Albany, New York 12224, www.healthresearch.org www.hes.org.

(h) through (j) No change.

(k) Handbook: Sewer System Infrastructure Analysis and Rehabilitation (1991). EPA/625/6-91/030. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, www.epa.gov.

(l) Project Summary: Exfiltration in Sewer Systems (2003). EPA/600/SR-01/034. EPA National Risk Management Research Laboratory, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, www.epa.gov.

(m) Manual of Practice No. FD-6, Existing Sewer Evaluation and Rehabilitation (1994). Water Environment Federation, 601 Wythe Street, Alexandria, VA 22314, www.wef.org.

(6) Members of the public may request and obtain copies of the publications listed in subsection (5), above, by contacting the appropriate publisher at the address indicated. Copies of the above publications are on file with the Florida Secretary of State. Copies are also on file and available for review in the Department’s Tallahassee offices (including the Information Center) and in the Department’s district offices where they may be reviewed during normal business hours.

(7) Related rules. Permitting requirements and fees related to permitting are listed in Chapter 62-4, F.A.C.

(3)(8) Forms. The forms and instructions used by the Department are listed in this rule. The rule numbers are the form numbers. The forms are hereby incorporated by reference in this rule. Copies of these forms are available from the Department of Environmental Protection, Wastewater Management Program, Mail Station 3545 and instructions may be obtained by writing to the Bureau of Water Facilities Regulation, Mail Station 3535, Department of Environmental Protection, Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. In addition, these forms are available at the Department’s district offices and on the Department’s website.

(a) Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System, DEP Form 62-604.300(3)(a), (http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX) effective (effective date of the rule), November 6, 2003 is hereby adopted and incorporated by reference.

(b) Notification of Completion of Construction for Request for Approval to Place a Domestic Wastewater Collection/Transmission System into Operation, DEP Form 62-604.300(3)(b),  (http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX) effective (effective date of the rule), November 6, 2003 is hereby adopted and incorporated by reference.

Rulemaking Authority 403.051, 403.061(7), 403.087 FS. Law Implemented 403.061, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 6-4-92, 5-31-93, Formerly 17-604.300, Amended 12-26-96, 11-6-03,         .

 

62-604.400 Design/Performance Considerations.

(1) All new collection/transmission systems and modifications of existing systems for which construction permits are required by the Department shall be designed:

(a) In accordance with sound engineering practices to provide reasonable assurance the collection/transmission system will meet the requirements of this chapter the provisions of Rule 62-604.300, F.A.C.;

(b) No change.

(c) Except as provided in Chapter 62-532, F.A.C. subsection 62-604.400(3), F.A.C., to be located no closer than 100 feet from a public drinking water supply well and no closer than 75 feet from a private drinking water supply well unless the applicant provides documentation accompanying the permit application showing that another alternative will result in an equivalent level of reliability and public health protection; and,

(d) No change.

(2) In addition to subsection (1), above, the following requirements shall be met where applicable:

(a) through (f) No change.

(g) Except as provided in subsection 62-604.400(3), F.A.C., Ssewers and force mains shall be laid to provide the minimum or greater horizontal separation distances at least ten feet (outside to outside) horizontally from water mains equal to the horizontal separation distances for water mains to sewers and force mains established in subsection 62-555.314(1), F.A.C. Sewers and force mains shall be laid at least three feet (outside to outside) horizontally from any existing or proposed reclaimed water line permitted under Part III or Part V of Chapter 62-610, F.A.C. Provided the applicant demonstrates there is no reasonable alternative, the Department shall approve smaller horizontal separation distances for sewers if one of the following conditions is met:

1. The top of the sewer is installed at least 18 inches below the bottom of the potable water line or reclaimed water line.

2. through 4. No change.

(h) Except as provided in subsection 62-604.400(3), F.A.C., sewers and force mains shall be laid at least three feet (outside to outside) horizontally from any existing or proposed reclaimed water line permitted under Part III of Chapter 62-610, F.A.C. Smaller horizontal distances shall be approved in accordance with subsection 62-610.469(7), F.A.C.

(h)(i) Sewers Except as provided in subsection 62-604.400(3), F.A.C., sewer pipes and force mains shall cross under water mains, unless there is no alternative. Sewers and force mains shall be laid to provide the minimum vertical separation distances from water mains equal to the vertical separation distances for water mains to sewers and force mains established in subsection 62-555.314(2), F.A.C. Sewers and force mains crossing water mains or reclaimed water lines permitted under Part III or Part IV of Chapter 62-610, F.A.C., shall be laid to provide the minimum vertical separation distances from water mains equal to the vertical separation distances for water mains to sewers and force mains established in subsection 62-555.314(2), F.A.C. a minimum vertical distance of 18 inches between the invert of the upper pipe and the crown of the lower pipe. The minimum vertical separation shall be maintained whether the water main is above or below the sewer. For sewer crossings, the crossing shall be arranged so that the sewer pipe joints are equidistant and as far as possible from the water main joints. Adequate structural support shall be provided for the sewer or force main to maintain line and grade. For sewers, provided the applicant demonstrates there is no reasonable alternative, the Department shall approve smaller vertical separation distances if one of the following conditions is met:

1. through 3. No change.

(j) through (k) renumbered (i) through (j) No change.

(3) If there are conflicts in the separation requirements between collection systems and drinking water facilities established in subsections (1) and (2), above, and those established in Chapter 62-532 or 62-555, F.A.C., then the requirements in Chapter 62-532 or 62-555, F.A.C., shall apply.

(3)(4) The manuals referenced in paragraphs 62-604.300(5)(b), (c) and (j), F.A.C., shall be used in evaluation of provide guidance for the design and construction of alternative collection/transmission systems in Florida. A central management entity, be it public or private, shall be responsible for operation and maintenance of the on-lot facilities associated with alternative collection/transmission systems.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 6-4-92, Formerly 17-604.400, Amended 12-26-96, 11-6-03,         .

 

62-604.500 Operation and Maintenance.

(1) Even though operation permits are not issued for collection systems, the operation and maintenance provisions of Rule 62-604.500, F.A.C., is are applicable to both new and existing domestic wastewater collection/transmission facilities.

(2) All collection/transmission systems shall be operated and maintained so as to provide uninterrupted service as required by this rule. All pump stations shall be operated and maintained to provide the emergency pumping capability requirements in paragraph 62-604.400(2)(a), F.A.C., the lightning and transient voltage surge protections in paragraph 62-604.400(2)(b), F.A.C., and the design and signage requirements in paragraph 62-604.400(2)(d), F.A.C.

(3) All equipment, pipes, manholes, pump stations, and other appurtenances necessary for the collection/transmission of domestic wastewater, including equipment provided pursuant to subsection 62-604.400(2), F.A.C., shall be maintained so as to function as intended. In the event odor, noise or lighting adversely affect neighboring developed areas at levels prohibited by paragraph 62-604.400(2)(c), F.A.C., corrective action (which may include modifications of the collection/transmission system) shall be taken by the permittee. Other corrective action may be required to ensure compliance with rules of the Department.

(4) Copies of record drawings and the operation and maintenance manual shall be available at a site within the boundaries of the district office or delegated local program permitting the collection/transmission system, for use by operation and maintenance personnel and for inspection by Department personnel.

(a) No change.

(b) The detail of the operation and maintenance manual shall be consistent with the complexity of the system. The manual shall be developed in accordance with the technical guidance document identified contained in paragraph 62-604.300(4)(i), F.A.C., provides guidance for the development of an operation and maintenance manual. and the unique requirements of the individual wastewater facility and The manual shall provide the operator with adequate information and description regarding the design, operation, and maintenance features of the facility involved, including an emergency response plan. The emergency response plan shall assess system security including cybersecurity; water quality monitoring for sanitary sewer overflows affecting surface waters; and, hurricane and severe storm preparedness and response.

(c) The operation and maintenance manual shall be revised periodically to reflect any alterations performed or to reflect experience resulting from operation. Also, the owner/operator of a collection/transmission system shall evaluate and update the emergency response plan portion of the operation and maintenance manual annually.

(d) A new operation and maintenance manual is not required to be developed for each project if there is already an existing manual that is applicable to the facilities being constructed.

(5) Collection/transmission systems shall be maintained to minimize excessive infiltration and inflow into the collection/transmission system, as well as excessive leakage from the collection/transmission system. The owner/operator of a collection/transmission system shall take corrective actions when infiltration, inflow, or leakage is excessive.

(a) Infiltration and inflow are considered excessive if one or both cause or contribute to sanitary sewer overflows.  Inflow shall not be considered excessive if the collection/transmission system owner/operator demonstrates that the inflow is not representative of collection/transmission system performance. Examples include extreme weather, such as a hurricane, beyond the control of the owner/operator of the collection/transmission system.

(b) Leakage, or exfiltration, is considered excessive if it causes or contributes to a violation of surface water quality standards or ground water quality standards.

(6) All collection/transmission systems shall be operated and maintained to prevent sanitary sewer overflows to the extent that is technically and economically feasible. Owners/operators of collection/transmission systems that experience a sanitary sewer overflow shall evaluate the cause of the overflow and potential corrective measures to avoid future sanitary sewer overflows.  Corrective actions shall be taken by the owner/operator of the collection/transmission system if excessive inflow and infiltration causes a sanitary sewer overflow.  The owner/operator of a satellite collection system shall take corrective actions for a sanitary sewer overflow in the receiving collection system resulting from excessive inflow and infiltration in the satellite collection system.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 11-27-89, Amended 6-4-92, Formerly 17-604.500, Amended 12-26-96, 11-6-03,         .

 

62-604.550 Abnormal Events.

(1) No change.

(2) The owner/operator of the collection/transmission system shall report to the Department all unauthorized releases or spills of wastewater to surface or ground waters from its collection/transmission system or any other abnormal events as described below:

(a) For uUnauthorized releases or spills in excess of 1,000 gallons per incident, or other abnormal events where information indicates that public health or the environment will be endangered, oral reports shall be provided to the Department by calling reported orally to the State WATCH OFFICE Warning Point toll free number [phone] as soon as practicable practical, but no later than 24 hours from the time that the owner/operator becomes aware of the dischage circumstances. The owner/operator, to the extent known, shall provide the following information to the State Watch Office Warning Point:

1. through 10. No change.

(b) Oral reports, not otherwise required to be provided pursuant to subparagraph (a) above (i.e. uUnauthorized releases or spills of 1,000 gallons per incident or less and where information indicates that public health or the environment will not be endangered), shall be provided reported orally to the Department within 24 hours from the time that the owner/operator of the collection/transmission system becomes aware of the circumstances.

(c) The oral notification shall be followed by a written submission, which shall be provided within five days of the time that the owner/operator becomes aware of the circumstances. The written submission shall contain: a description of the spill, release or abnormal event and its cause; the period and duration of noncompliance including exact dates and times time, and if the noncompliance it 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; the 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 (e.g., beach closure); whether the noncompliance was caused by a third party (e.g., contractor); and, whether the sanitary sewer overflow 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 written submissions related to sanitary sewer overflows submitted after [effective date of rule] shall be submitted electronically. The Department shall waive the written report if the oral report has been received within 24 hours from the time that the owner/operator of the collection/transmission system becomes aware of the circumstances, and the release, spill or abnormal event has been corrected and did not endanger health or the environment.

(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.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.088, 403.182 FS. History– New 11-27-89, Amended 6-4-92, 5-31-93, Formerly 17-604.550, Amended 12-26-96, 11-6-03,          .

 

62-604.600 Procedure to Obtain Construction Permits.

(1) No change.

(2) The following activities do not require a collection system permit.

(a) Replacement of any facilities with new facilities of the same capacity at the same location as the facilities being replaced, except for pump stations that do not meet the requirements of paragraphs 62-604.400(2)(a) - (e), F.A.C.;

(b) Construction of an individual service connection from a single family residence or cConstruction of any single gravity or non-gravity individual service connection from a single building to a gravity collection system; however, construction of a non-gravity connection from other than a single family residence to an existing force main system requires a permit;

(c) through (f) No change.

(3) through (5) No change.

(6) General Permits.

(a) Except for alternative collection/transmission systems, a general permit is hereby granted to any person for the construction of a wastewater collection/transmission system that has been designed in accordance with the standards and criteria set forth in subsections 62-604.400(1) and (2), F.A.C., provided that:

1. Notice to the Department under subsection 62-4.530(1), F.A.C., is submitted on Form 62-604.300(3)(a) 62-604.300(8)(a), Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System, (adopted and incorporated by reference in paragraph 62-604.300(3)(a), F.A.C., effective (effective date of the rule), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), at least 30 days prior to initiating construction; and,

2. No change.

(b) No change.

(7) Individual Permits.

(a) Collection/transmission systems not meeting the general permit criteria in subsection (6), above, shall submit an application for an individual permit on Form 62-604.300(3)(a) 62-604.300(8)(a), Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System, (adopted and incorporated by reference in paragraph 62-604.300(3)(a), F.A.C., effective (effective date of the rule), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX). November 6, 2003. Copies of this form and instructions may be obtained by writing to the Bureau of Water Facilities Regulation, Mail Station 3535, Department of Environmental Protection, Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. In addition, these forms are available at the Department’s district offices and on the Department’s website.

(b) No change.

(8) No change.

(9) If, after review of Form 62-604.300(3)(a) 62-604.300(8)(a), (adopted and incorporated by reference in paragraph 62-604.300(3)(a), F.A.C., effective (effective date of the rule), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), and any supporting documentation, the Department determines that the applicant has not provided reasonable assurance that the construction, modification, expansion, or operation of the installation will be in accordance with applicable laws or rules, including rules of delegated local programs, the Department shall deny the permit or notify the applicant that the general permit cannot be used, as appropriate.

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 6-4-92, Formerly 17-604.600, Amended 11-6-03,         .

 

62-604.700 Placing Collection/Transmission Systems into Operation.

(1) The following requirements apply to collection/transmission systems permitted under the general permit and to collection/ transmission systems permitted under the individual permit.

(2) Upon completion of construction of the collection/transmission system, and before placing the facilities into operation for any purpose other than testing for leaks or testing equipment operation, the permittee shall electronically submit using the Department’s Business Portal at http://www.fldepportal.com/go/, submit to the appropriate district office, Form 62-604.300(3)(b) 62-604.300(8)(b), Notification of Completion of Construction for Request for Approval to Place a Domestic Wastewater Collection/Transmission System into Operation, (adopted and incorporated by reference in paragraph 62-604.300(3)(b), F.A.C., effective (effective date of the rule), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX). effective November 6, 2003. Copies of this form and instructions may be obtained by writing to the Bureau of Water Facilities Regulation, Mail Station 3535, Department of Environmental Protection, Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. In addition, these forms are available at the Department’s district offices and on the Department’s website. If construction of the collection/transmission system was permitted by a delegated local program, the permittee shall submit Form 62-604.300(3)(b) to the delegated local program instead, and follow the requirements of the delegated local program.

(3) New or modified collection/transmission facilities can be placed into operation 3 days after Form 62-604.300(3)(b), (adopted and incorporated by reference in paragraph 62-604.300(3)(b), F.A.C., effective (effective date of the rule), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), is submitted and received by the Department or delegated local program, provided no substantial deviations are noted on Form 62-604.300(3)(b) and the Department or delegated local program does not notify the permittee of public health or environmental concerns regarding placing the facilities into operation shall not be placed into service until the Department clears the project for use. The Department shall approve or deny the clearance within 10 business days after Department receipt of Form 62-604.300(8)(b) for a general permit, or within 30 business days for an individual permit.

(4) When substantial deviations are noted on Form 62-604.300(3)(b), (adopted and incorporated by reference in paragraph 62-604.300(3)(b), F.A.C., effective (effective date of the rule), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), new or modified collection/transmission facilities can be placed into operation 10 days after Form 62-604.300(3)(b) is submitted unless the Department or delegated local program notifies the permittee of public health or environmental concerns regarding placing the facilities into operation.

Rulemaking Authority 403.814(1) FS. Law Implemented 403.061, 403.087, 403.088, 403.814 FS. History–New 11-27-89, Amended 6-4-92, Formerly 17-604.700, Amended 12-26-96, 11-6-03,         .

 

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