Subsection 403.064(18), Florida Statutes (F.S.), authorized the Department to adopt rules for potable reuse based on the recommendations of the Potable Reuse Commission’s 2020 report, “Advancing Potable Reuse in Florida: ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-610.200Definitions

62-610.310Engineering Report

62-610.330Pretreatment Programs

62-610.421Setback Distances

62-610.463Monitoring and Operating Protocol

62-610.464Storage Requirements

62-610.466Aquifer Storage and Recovery (ASR)

62-610.471Setback Distances

62-610.472Supplemental Water Supplies

62-610.521Setback Distances

62-610.525Projects Involving Additional Levels of Preapplication Treatment

62-610.550Description of System

62-610.553Minimum System Size

62-610.554Discharge to Class I Surface Waters

62-610.555Discharge to Other Surface Waters

62-610.560Ground Water Recharge by Injection

62-610.562Salinity Barrier Systems

62-610.563Waste Treatment and Disinfection

62-610.564Pilot Testing Program

62-610.567Reliability and Operator Staffing

62-610.568Monitoring and Operating Protocol

62-610.571Setback Distances

62-610.573Storage Requirements

62-610.574Access Control, Advisory Signs, and Public Notification

62-610.621Setback Distances

62-610.810Classification of Projects as "Reuse" or "Disposal"

62-610.860Limited Wet Weather Discharge

62-610.870Reporting and Enforcement

PURPOSE AND EFFECT: Subsection 403.064(18), Florida Statutes (F.S.), authorized the Department to adopt rules for potable reuse based on the recommendations of the Potable Reuse Commission’s 2020 report, “Advancing Potable Reuse in Florida: Framework for the Implementation of Potable Reuse in Florida.” On October 22, 2021 a Notice of Proposed Rule was published for Chapter 62-610, Florida Administrative Code (F.A.C.), entitled “Reuse of Reclaimed Water and Land Application,” to incorporate elements of the Potable Reuse Commission’s 2020 report. Following the creation of the new Chapter 62-565, F.A.C, (currently under rule development) the Department issued a Notice of Withdrawal of the proposed rule for Chapter 62-610, F.A.C., to allow for one centralized location for all rules related to the implementation of the regulatory framework for potable reuse. This Notice of Rule Development for Chapter 62-610, F.A.C., will update the chapter to be consistent with other title 62 chapters, correct regulatory references, clarify current language, maintain protections for surface waters used as potable water sources and address the relocation of potable reuse regulations to the new proposed Chapter 62-565, F.A.C.

SUBJECT AREA TO BE ADDRESSED: Chapter 62-610, F.A.C., will be amended to reflect the relocation of regulations for potable reuse projects to proposed new Chapter 62-565, F.A.C., entitled “Potable Reuse.” Additionally, minor revisions will be made to rule language to ensure that surface waters containing a potable water intake will have sufficient protections.

RULEMAKING AUTHORITY: 403.861(9), 403.064(18), F.S.

LAW IMPLEMENTED: 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(18), F.S.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sydney Cummings, 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 PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.