62-520.410. Classification of Ground Water, Usage, Reclassification

(1) All ground water of the State is classified according to designated uses as follows:

CLASS F-I	Potable water use, ground water in a single source aquifer described in Rule 62-520.460, F.A.C., with a total dissolved solids content of less than 3,000 mg/L and was specifically reclassified as Class F-I by the Commission.
CLASS G-I	Potable water use, ground water in a single source aquifer that has a total dissolved solids content of less than 3,000 mg/L and was specifically reclassified by the Commission.
CLASS G-II	Potable water use, ground water in aquifers with a total dissolved solids content of less than 10,000 mg/L, unless otherwise classified by the Commission.
CLASS G-III	Non-potable water use, ground water in unconfined aquifers with a total dissolved solids content of 10,000 mg/L or greater; or with a total dissolved solids content of 3,000-10,000 mg/L and either has been reclassified by the Commission as having no reasonable potential as a future source of drinking water, or has been designated by the Department as an exempted aquifer pursuant to subsection 62-528.300(3), F.A.C.
CLASS G-IV	Non-potable water use, ground water in confined aquifers with a total dissolved solids content of 10,000 mg/L or greater.

(2) It shall be the Department policy to afford the highest protection to single source aquifers. Upon petition by an affected party as provided in subsection (6), the Commission may reclassify aquifers or portions of aquifers as Class G-I ground water.

(3) The specific water quality criteria corresponding to each ground water classification are listed in Rules 62-520.420 to 62-520.460, F.A.C.

(4) Ground water quality classifications are arranged in order of the degree of protection required, with Class G-I and F-I ground water requiring generally the most stringent water quality criteria and Class G-IV the least.

(5) Reclassification of ground water as provided in subsection (1) above shall be accomplished in the following manner:

(a) Any substantially affected person or a water management district may seek reclassification of any ground water of the State by filing a petition with the Department’s agency clerk in the Office of General Counsel, MS 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. In addition, the Department, may seek reclassification by initiating rulemaking under Section 120.54, F.S.

(b) A petition for reclassification shall contain the information necessary to support the affirmative findings required in this rule.

(c) Before any ground water can be reclassified:

1. If a petition for reclassification is the impetus for such reclassification, the Department shall provide the petitioner with the public notice to be published, at least 21 days before the Environmental Regulation Commission’s rule adoption public hearing, in the legal advertising section of a newspaper of general circulation in the area of the proposed reclassified ground water.

2. If the Department seeks reclassification without a petition being filed, the Department shall provide for newspaper publication as described above.

3. In addition, the Department, through its rulemaking notice, shall publish the proposed rule as required under Chapter 120, F.S., and the Department will provide written notification to local governments whose jurisdiction overlies any portion of the ground water proposed to be reclassified.

(d) Reclassification of ground water of the State shall be adopted only upon affirmative findings by the Commission that:

1. The proposed reclassification will establish the present and future most beneficial use of the ground water;

2. Such a reclassification is clearly in the public interest; and

3. The proposed designated use is attainable, upon consideration of environmental, water quality, technological, social, economic, and institutional factors.

(6) In addition to the procedures in subsection (5) above, the following procedure shall be used to designate single source aquifers:

(a) Rulemaking procedures pursuant to Rule 62-110.103, F.A.C., shall be followed;

(b) At least one fact-finding workshop shall be held in the affected area;

(c) All local, county, or municipal governments, water management districts, and state legislators whose districts or jurisdictions include all or part of a proposed single source aquifer shall be notified in writing by the Department at least 60 days prior to the workshop;

(d) A prominent public notice shall be placed in a newspaper, or newspapers if a large area is to be designated, of general circulation in the area of the proposed single source aquifer at least 60 days prior to the workshop;

(e) The Commission may reclassify an aquifer or portion of an aquifer as a single source aquifer within specified boundaries upon the affirmative finding that:

1. The aquifer or portion of the aquifer is the only reasonably available source of potable water to a significant segment of the population; and

2. The designated use is attainable, upon consideration of environmental, technological, water quality, institutional, social, and economic factors.

(f) When making the finding required by paragraph (6)(e) above, the Commission must specifically consider, upon presentation of any competent evidence at the hearing, the following:

1. Other sources of potable water which could be used and the costs of developing these sources; and

2. The long term adequacy of the ground water aquifer to supply expected future demands if other sources are not developed; and

3. Potential adverse effects from continued consumption of water from the aquifer if G-I classification does not occur; and

4. Potential adverse effects on existing and potential discharges to the affected ground water if G-I classification occurs.

Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061 FS. History–Formerly 28-5.06, 17-3.06, 17-3.081, Amended and Renumbered 1-1-83, Formerly 17-3.403, Amended 9-8-92, Formerly 17-520.410, Amended 7-12-09.