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Florida Administrative Code (Last Updated: April 18, 2024) |
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62. Department of Environmental Protection |
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D62. Departmental |
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62-520. Ground Water Classes, Standards, And Exemptions |
62-520.500. Water Quality Criteria Exemptions for Installations Discharging Into Class G-I or G-II Ground Water
1(1) In order for a specific installation to seek an exemption from water quality criteria, which include the primary and secondary standards and minimum criteria set forth in this chapter, the permittee or permit applicant must file a petition with the agency clerk in the Department47’48s Office of General Counsel, 3900 Commonwealth Blvd., MS 35, Tallahassee, Florida 32399-3000. The petitioner must provide the fee of $6000 per parameter with the petition. The petition shall include alternative compliance levels for the parameters from which an exemption is being sought. The petitioner will be granted the exemption if the petitioner affirmatively demonstrates each of the following:
107(108a109) Granting the exemption is clearly in the public interest;
119(120b121) Compliance with such criteria is unnecessary for the protection of present and future potable water supplies;
138(139c140) Granting the exemption will not interfere with existing uses or the designated use of the waters or of contiguous water;
161(162d163) The economic, environmental, and social costs of compliance with the criteria outweigh the economic, environmental and social benefits of compliance;
184(185e186) An adequate monitoring program approved by the Department is established to ascertain the location and approximate dimensions of the discharge plume, to detect any leakage of contaminants to other aquifers or surface waters, and to detect any adverse effect on underground geologic formations or waters; and
233(234f235) The exemption will not present a danger to the public health, safety or welfare.
250(2) The Department shall enter an order granting the petition, denying the petition, or granting the petition in part. The Department will provide public notice of its intended action in the 281Florida Administrative Weekly 284along with an opportunity for an administrative hearing under Sections 294120.569 295and 296120.57, F.S. 298The petitioner shall, on or about the same time that notice is published in the 313Florida Administrative Weekly, 316publish this same notice in a newspaper of general circulation in the area affected.
330(3) If an exemption is granted, either in whole or in part, the permit shall be conditioned or modified to include the exemption. The exemption shall be effective for the duration of the permit, unless it is applied for renewal at the same time that the permit is renewed. A petition for renewal of the exemption shall follow the same procedures as would a petition for a new exemption.
399Rulemaking 400Authority 401403.061, 402403.087 FS. 404Law Implemented 406403.021, 407403.061, 408403.087, 409403.088 FS. 411History–New 9-8-92, Amended 4-14-94, 415Formerly 17-520.500, Amended 7-12-09.
