62-620.300. General Prohibitions

(1) No person shall discharge wastes to waters without a permit from the Department, unless exempted by Department rule or statute.

(2) No wastewater facility or activity which discharges wastes into waters or which will reasonably be expected to be a source of water pollution shall be operated, constructed, or modified without an appropriate and valid permit issued by the Department, unless exempted by Department rule. However, the exemption provided in paragraph 62-4.040(1)(b), F.A.C., shall not apply to discharges of wastes into surface waters regulated under this chapter pursuant to Section 403.0885, F.S.

(3) No discharge of wastes shall commence before a permit is obtained. Except as otherwise provided in paragraphs (a) and (b), the Department permit shall be obtained before commencement of construction or modification of the wastewater facility or activity.

(a) For a wastewater facility or activity permitted to discharge wastes into surface waters under this chapter pursuant to Section 403.0885, F.S., only the portion of the proposed construction or modification of the wastewater facility or activity that relates solely to a discharge of wastes into surface water may be constructed or modified before a permit is issued.

1. Any portion of the wastewater facility or activity which relates to the discharge of wastes into ground water, or which relates to reuse or disposal of reclaimed water shall not be constructed or modified without a wastewater permit.

2. A wastewater permit revision shall be obtained before modifications begin on any part of the facility or activity which will be in operation during the modification.

3. For modifications which relate solely to the discharge of wastes into surface water and which will only affect the treatment works or the quantity, nature or quality of the discharge when placed in operation, a permit revision shall be obtained before placing the modifications in operation.

(b) Power plants described under 40 CFR 423, insofar as they are not certified under the Florida Electrical Power Plant Siting Act, may initiate construction of modifications that relate to the discharge of wastes to both ground and surface water without a permit revision if the modifications do not affect the treatment works or the quantity, nature, or quality of the discharge until the modifications are placed in operation. A wastewater permit revision shall be obtained before placing these modifications into operation. This subsection shall not be construed to affect the regulatory status of, or create new requirements for, other industrial or domestic facilities or activities.

(4) No person shall discharge into waters any waste which, by itself or in combination with the wastes of other sources, reduces the quality of the receiving waters below the classification established for them.

(5) A permitted wastewater facility or activity shall not be operated, maintained, constructed, expanded, or modified in a manner that is inconsistent with the terms of the permit.

Specific Authority 403.061, 403.087, 403.8055 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 10-23-00.