The Department of Environmental Protection (DEP) gives notice that it proposes to repeal Chapter 62-601, F.A.C., simultaneously with the adoption of amendments to Chapter 62-600, F.A.C., Domestic Wastewater Facilities. In order to simplify and ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-601.100Scope, Intent, Purpose, and Applicability

62-601.200Definitions

62-601.300General Requirements

62-601.400Sampling and Testing Methods (Repealed)

62-601.500Sampling Schedules, Locations, and Methodology

62-601.700Ground Water Monitoring

62-601.830Noncompliance Fees for Failure to Submit Reports (Repealed)

PURPOSE AND EFFECT: The Department of Environmental Protection (DEP) gives notice that it proposes to repeal Chapter 62-601, F.A.C., simultaneously with the adoption of amendments to Chapter 62-600, F.A.C., Domestic Wastewater Facilities. In order to simplify and clarify requirements, correct rule references, and be consistent with more recently adopted rules and statutory requirements, requirements in Chapter 62-601, F.A.C., are being updated and incorporated into Chapter 62-600, F.A.C.; or requirements are being eliminated where they are obsolete, duplicative of other rules or statutory requirements, or have been superseded by other rules or statutory requirements.

SUMMARY: To consolidate requirements applicable to domestic wastewater facilities into one location, DEP proposes to repeal Chapter 62-601, F.A.C., and either eliminate its requirements or update and incorporate them into Chapter 62-600, F.A.C. Rulemaking for Chapter 62-601, F.A.C., is occurring simultaneously with the rulemaking for Chapter 62-600, F.A.C.

OTHER RULES INCORPORATING THIS RULE: 61C-4.0161, 62-302.300, 62-520.300, 62-520.600, 62-528.430, 62-528.455, 62-528.615, 62-528.620, 62-600.200, 62-600.300, 62-600.400, 62-600.410, 62-600.440, 62-600.740, 62-610.300, 62-610.310, 62-610.320, 62-610.412, 62-610.463, 62-610.466, 62-610.472, 62-610.568, 62-610.865, 62-610.870, 62-620.610, 62-620.630, and 64E-12.005, F.A.C.

EFFECT ON THOSE OTHER RULES: Repeal of Chapter 62-601, F.A.C., is not expected to have any significant impact on the following rules: 62-302.300, 62-520.300, 62-528.455, 62-528.615, 62-528.620, and 62-610.870. Chapter 62-600, F.A.C., is being amended simultaneously with this Chapter 62-601, F.A.C., rulemaking, and Rules 62-600.200, 62-600.300, 62-600.400, 62-600.410, 62-600.440, and 62-600.740 are being revised accordingly. Rules 61C-4.0161, 62-520.600, 62-528.430, 62-610.300, 62-610.310, 62-610.320, 62-610.412, 62-610.463, 62-610.466, 62-610.472, 62-610.568, 62-610.865, 62-620.610, 62-620.630, and 64E-12.005 will need to be amended to reflect the location of requirements previously in Chapter 62-601, F.A.C., that have been incorporated into Chapter 62-600, 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: The rulemaking does not introduce any new or additional regulatory requirements for wastewater facilities. Requirements are being eliminated where they are obsolete, duplicative, or have been superseded by other rules or statutory requirements. No interested party submitted additional information regarding economic impact.

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, 403.061, 403.086, 403.087, 403.088, FS.

LAW IMPLEMENTED: 403.021, 403.051, 403.061, 403.062, 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: October 6, 2015, 10:00 a.m. until completion, but no later than 12:00 Noon

PLACE: Department of Environmental Protection, Bob Martinez Bldg., Rm. 609, 2600 Blair Stone Road, Tallahassee, FL 32399-2400

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: Sharon Sawicki 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: Sharon Sawicki, Florida Department of Environmental Protection, Division of Water Resource Management, 2600 Blair Stone Rd., MS 3540, Tallahassee, Florida, 32399-2400. Telephone [phone]. Email [e-mail]. Further information on this rule also may be obtained from the Department’s Web Site at: http://www.dep.state.fl.us/water/rules_dr.htm (OGC No. 14-0477)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-601.100 Scope, Intent, Purpose, and Applicability.

Rulemaking Authority 403.051, 403.061, 403.088 FS. Law Implemented 403.051, 403.061(13), 403.088 FS. History–New 1-1-75, Amended 6-10-76, Formerly 17-19.01, 17-19.001, Amended 1-30-91, Formerly 17-601.100, Amended 12-24-96, Repealed_________.

 

62-601.200 Definitions.

Rulemaking Authority 403.051, 403.061, 403.088 FS. Law Implemented 403.051, 403.061(13), 403.088 FS. History–New 1-1-75, Amended 6-10-76, Formerly 17-19.02, Amended 9-13-89, Formerly 17-19.020, Amended 1-30-91, 5-31-93, Formerly 17-601.200, Amended 12-24-96, Repealed________.

 

62-601.300 General Requirements.

Rulemaking Authority 403.051, 403.061, 403.088 FS. Law Implemented 403.051, 403.061(13), 403.088 FS. History–New 1-1-75, Amended 6-10-76, 2-18-79, Formerly 17-19.03, 17-19.030, Amended 1-30-91, 5-31-93, Formerly 17-601.300, Amended 12-24-96, Repealed__________.

 

62-601.500 Sampling Schedules, Locations, and Methodology.

Rulemaking Authority 403.051, 403.061, 403.088 FS. Law Implemented 403.051, 403.061(13), 403.088 FS. History–New 1-1-75, Amended 6-10-76, Formerly 17-19.05, 17-19.050, Amended 1-30-91, 5-31-93, Formerly 17-601.500, Amended 12-24-96, Repealed________.

 

62-601.700 Ground Water Monitoring.

Rulemaking Authority 403.061(7) FS. Law Implemented 403.061(13) FS. History–New 1-1-75, Amended 6-10-76, Formerly 17-19.07, 17-19.070, Amended 1-30-91, 5-31-93, Formerly 17-601.700, Amended 12-24-96, Repealed________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Frederick L. Aschauer, Jr., Director, Division of Water Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan P. Steverson, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 15, 2015