62-620.620. Guidelines for Establishing Specific Permit Conditions

(1) Permit conditions shall be based on relevant statutory or regulatory provisions in effect prior to the final administrative disposition of a permit. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit. Except for collection system permits under Chapter 62-604, F.A.C., each permit shall contain the following permit conditions as applicable:

(a) Technology-based effluent limitations and standards set forth in Chapters 62-600, 62-610, 62-611, 62-660, 62-670, or 62-671, F.A.C., or developed under 40 CFR Part 125, subpart A;

(b) New source performance standards set forth in Chapters 62-660 or 62-671, F.A.C.;

(c) Other effluent limitations and standards set forth in Chapters 62-600, 62-610, 62-611, 62-650, 62-660, 62-670, or 62-671, F.A.C.;

(d) Standards for residuals use or disposal set forth in Chapters 62-640, 62-2, 62-7, or 62-701, F.A.C.;

(e) The permitted capacity for a domestic wastewater facility, including capacities for all disposal options, in accordance with Chapter 62-600, F.A.C.;

(f) A reopener clause that notifies the permittee that the permit may be revised or revoked and reissued if a standard is promulgated by the Department that is more stringent than the requirements of the permit for a primary industry category listed in 40 CFR 122 Appendix A, or for residuals use or disposal, including requirements for the control of a pollutant or practice not limited in the permit;

(g) Any requirements in addition to or more stringent than applicable promulgated effluent limitations necessary to provide reasonable assurance that a discharge will not cause or contribute to violations of water quality standards set forth in Chapter 62-302, F.A.C., including chemical-specific limits and whole effluent toxicity limits, as applicable;

(h) Technology-based controls for toxic pollutants which are or may be discharged at a level greater than the level which can be achieved by technology-based treatment requirements appropriate to the permittee or, in the alternative, limitations to control those or other pollutants that will provide treatment of the toxic pollutants to the required levels for discharge;

(i) A notification level established under subparagraphs 62-620.625(1)(a)4. and (1)(b)4., F.A.C. This new notification level shall not exceed the level which can be achieved by the technology-based treatment requirements applicable to the permittee under Chapter 62-660, F.A.C.;

(j) Other pollutants for which the permittee must report violations of maximum daily discharge limitations within 24 hours in accordance with subparagraph 62-620.610(20)(a)3., F.A.C. This list shall include any toxic pollutant or hazardous substance, or any pollutant specifically identified as the method to control a toxic pollutant or hazardous substance;

(k) The effective date and the expiration date of the permit;

(l) A schedule for construction of the facility or any modification thereto, and any required start-up or testing period needed, including dates for compliance with interim and final effluent limitations;

(m) A schedule for the development of a pretreatment program, if required under Chapter 62-625, F.A.C. If a program has already been approved, the permit shall incorporate the program by reference;

(n) In addition to the requirements and restrictions authorized by Section 403.088(2)(c), F.S., and subsection 62-620.310(9), F.A.C., best management practices as provided in 40 CFR 122.44(k);

(o) When a permit is renewed or reissued pursuant to Rule 62-620.325 or 62-620.335, F.A.C., interim effluent limitations, standards or conditions shall be at least as stringent as the final effluent limitations, standards, or conditions in the previous permit unless the circumstances on which the previous permit was based have materially and substantially changed since the time the permit was issued and would constitute cause for permit revision or revocation and reissuance;

(p) When a permit is issued to a facility that may operate at certain times as a means of transportation over water, a condition that the discharge shall comply with any applicable regulations, promulgated by the Secretary of the Department in which the U.S. Coast Guard is operating, that establish specifications for safe transportation, handling, carriage, and storage of pollutants;

(q) Any conditions that the Secretary of the Army (U.S. Army Corps of Engineers) considers necessary to ensure that navigation and anchorage will not be substantially impaired; or

(r) For a permit to a privately owned domestic wastewater facility, any permit conditions expressly applicable to any industrial user of the domestic wastewater facility, as a limited co-permittee, that are necessary to ensure compliance with applicable requirements under Chapter 62-625, F.A.C. Alternatively, the Department may require a separate permit application from any industrial user and may issue separate permits to the treatment works and to its industrial users to ensure compliance with Chapter 62-625, F.A.C. The Department shall include in the fact sheet for the draft permit(s) the reason(s) for its decision to issue a permit to the treatment works with no conditions applicable to any industrial user, to impose in the permit to the treatment works conditions on one or more industrial users, or to require separate applications and separate permits for the treatment works and the industrial users.

(2) Permit conditions shall be established for the following:

(a) Outfalls and discharge points. All permit effluent limitations, standards and prohibitions shall be established for each outfall or discharge point of the permitted facility or activity, except as otherwise provided under paragraphs (1)(m), (1)(p) and (2)(i) of this section and activities permitted under Chapter 62-624, F.A.C.

(b) Production-based limitations.

1. In the case of domestic wastewater treatment facilities, permit effluent limitations, standards, or prohibitions shall be based on permitted capacity as set forth in Chapter 62-600, F.A.C.

2. In the case of industrial wastewater treatment facilities, calculation of any permit limitations, standards, or prohibitions which are based on production or other measure of operation shall be based not upon the designed production capacity but rather upon a reasonable measure of actual production of the facility. For new sources or new dischargers, actual production shall be estimated using projected production. The time period of the measure of production shall correspond to the time period of the calculated permit limitations; for example, monthly production shall be used to calculate average monthly discharge limitations.

3. If applicable, the Department shall include a condition establishing alternate permit limitations, standards, or prohibitions based upon anticipated increased (not to exceed maximum production capability) or decreased production levels.

4. If the Department establishes permit conditions under subparagraph 3. of this subsection:

a. The permittee shall comply with the limitations, standards, or prohibitions that correspond to the lowest level of production specified in the permit, unless the permittee has notified the Department under sub-subparagraph b. of this subsection, in which case the permittee shall comply with the lower of the actual level of production during each month or the level specified in the notice.

b. The permit shall require the permittee to notify the Department at least two business days prior to a month in which the permittee expects to operate at a level higher than the lowest production level identified in the permit. The notice shall specify the anticipated level and the period during which the permittee expects to operate at the alternate level. If the notice covers more than one month, the notice shall specify the reasons for the anticipated production level increase. New notice of discharge at alternate levels is required to cover a period or production level not covered by prior notice or, if during two consecutive months otherwise covered by a notice, the production level at the permitted facility does not in fact meet the higher level designated in the notice.

c. The permittee shall submit with the Discharge Monitoring Report, DEP Form 62-620.910(10), the level of production that actually occurred during each month and the limitations, standards, or prohibitions applicable to that level of production.

(c) Metals. All permit effluent limitations for a metal that is hardness-dependent shall contain a requirement for monitoring hardness. All permit effluent limitations, standards, or prohibitions for a metal shall be expressed as follows:

1. “Total recoverable metal” in accordance with test methods in 40 CFR Part 136, Rule 62-4.246 and Chapter 62-160, F.A.C., or

2. Dissolved, valent or total form if:

a. An applicable effluent standard or limitation has been promulgated under the CWA and adopted by Department rule, and specifies the limitation for the metal in the dissolved, valent or total form;

b. In establishing water quality based permit effluent limitations, it is necessary to express the limitation on the metal in the dissolved, valent or total form to ensure protection of applicable water quality standards promulgated under Chapter 403, F.S.; or

c. All approved analytical methods for the metal measure only its dissolved form.

(d) Continuous discharges. Unless impracticable or not applicable under Department rules, all permit effluent limitations, standards, and prohibitions, other than permitted capacity, pH, and fecal coliform, shall be stated as:

1. Maximum daily and average monthly discharge limitations for all industrial wastewater treatment facilities; and

2. For domestic wastewater treatment facilities, annual, monthly, and weekly average discharge limitations and a maximum permissible concentration in a single sample.

(e) Non-continuous discharges. Non-continuous discharges shall be particularly described and limited, considering the following factors, as appropriate:

1. Frequency;

2. Total mass;

3. Maximum rate of discharge of pollutants during the discharge; and

4. Prohibition or limitation of specified pollutants by mass, concentration, or other appropriate measure.

(f) Limited wet weather discharges from domestic wastewater facilities. Discharges of excess reclaimed waters during wet weather periods shall be in accordance with Chapter 62-610, F.A.C., including calculations of the required stream dilution factor.

(g) Mass limitations.

1. All pollutants limited in permits shall have limitations, standards or prohibitions expressed in terms of mass except:

a. For pH, temperature, radiation, or other pollutants which cannot appropriately be expressed by mass;

b. When applicable standards and limitations are expressed in terms of other units of measurement; or

c. If in establishing permit limitations on a case-by-case basis, limitations expressed in terms of mass are infeasible because the mass of the pollutant discharged cannot be related to a measure of operation (for example, discharges of TSS from certain mining operations) and permit conditions ensure that dilution will not be used as a substitute for treatment.

2. Pollutants limited in terms of mass may also be limited in terms of other units of measurement, and the permit shall require the permittee to comply with both limitations.

(h) Pollutants in intake water.

1. Upon request of the discharger, technology-based effluent limitations or standards shall be adjusted to reflect credit for pollutants in the discharger’s intake water if:

a. The applicable effluent limitations and standards contained in Chapter 62-660, F.A.C., specifically provide that they shall be applied on a net basis; or

b. The discharger demonstrates that the control system it proposes or uses to meet applicable technology-based limitations and standards would, if properly installed and operated, meet the limitations and standards in the absence of pollutants in the intake waters.

2. Credit for generic pollutants such as biochemical oxygen demand (BOD) or total suspended solids (TSS) shall not be granted unless the permittee demonstrates that the constituents of the generic measure in the effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

3. Credit shall be granted only to the extent necessary to meet the applicable limitation or standard, up to a maximum value equal to the influent value.

4. Credit shall be granted only if the discharger demonstrates that the intake water is drawn from the same body of water into which the discharge is made. The Department shall waive this requirement if the discharger demonstrates that no environmental degradation will result.

5. This section does not apply to the discharge of raw water clarifier industrial sludge generated from the treatment of intake water.

(i) Internal waste streams.

1. When permit effluent limitations or standards imposed at the point of discharge are impractical or infeasible, effluent limitations or standards for discharges of pollutants shall be imposed on internal waste streams before mixing with other waste streams or cooling water streams. In those instances, the monitoring required by general conditions for all permits shall also be applied to the internal waste streams.

2. Limits on internal waste streams shall be imposed only when the fact sheet prepared in accordance with the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., sets forth the exceptional circumstances which make such limitations necessary, such as when the final discharge point is inaccessible, the wastes at the point of discharge are so diluted as to make monitoring impracticable, or the interferences among pollutants at the point of discharge make detection or analysis impracticable.

(j) Disposal of process wastewater into injection wells, into separately permitted wastewater treatment facilities, or by land application. Permit limitations and standards shall be calculated as provided in subsection (5) of this section.

(3) Whole Effluent Toxicity Testing.

(a) Whole effluent toxicity testing shall be required for the following wastewater facilities that discharge to surface waters:

1. Major wastewater facilities;

2. Minor domestic wastewater facilities with an approved pretreatment program or required to develop a pretreatment program;

3. Minor industrial wastewater facilities with a discharge that has the potential to result in aquatic toxicity; and

4. Any wastewater facility, regardless of size, which has a prior history of effluent toxicity.

(b) Unless provided elsewhere in this rule, facilities required to conduct whole effluent toxicity testing shall conduct chronic definitive tests starting with 100% effluent using a minimum of five dilution concentrations in accordance with paragraph 62-620.620(3)(g), F.A.C. Acute definitive tests shall not be required unless 50 percent or greater mortality is observed in any test concentration.

(c) Facilities with high rate dilution permitted under paragraph 62-4.244(3)(b), F.A.C., that are required to conduct whole effluent toxicity testing shall conduct acute definitive tests starting with 60% effluent using a minimum of five dilution concentrations in accordance with paragraph 62-620.620(3)(h), F.A.C. Chronic definitive tests shall not be required.

(d) Open Ocean Discharge facilities permitted under paragraph 62-4.244(3)(c), F.A.C., that are required to conduct whole effluent toxicity testing shall conduct chronic definitive tests starting with 60% effluent and using a minimum of five dilution concentrations in accordance with paragraph 62-620.620(3)(g), F.A.C.

1. Acute definitive tests shall not be required unless acute effects, as identified in paragraph 62-4.241(4)(a), F.A.C., are observed in the chronic definitive tests.

2. At the time of each permit renewal, a facility permitted under paragraph 62-4.244(3)(c), F.A.C., may submit data for three consecutive independent chronic whole effluent toxicity tests each spaced at least two months apart and representative of seasonal variations and flow. If all three tests meet the chronic whole effluent toxicity test limitations in paragraph 62-4.241(4)(b), F.A.C., then the facility may request that the permit renewal be issued with acute whole effluent toxicity testing according to paragraph 62-620.620(3)(h), F.A.C., in place of chronic whole effluent toxicity testing.

(e) Water treatment facilities that discharge demineralization concentrate, that have been granted a mixing zone under paragraph 62-4.244(3)(d), F.A.C., and that are required to conduct whole effluent toxicity testing shall conduct chronic definitive tests starting with 100% effluent and using a minimum of five dilution concentrations in accordance with paragraph 62-620.620(3)(g), F.A.C. Acute definitive tests shall not be required unless acute effects as identified in paragraph 62-4.241(5)(a), F.A.C., are observed in the chronic definitive tests.

(f) Facilities with intermittent discharges at frequencies and durations that do not enable sampling according to Section 8.3, in Methods EPA-821-R-02-013 and EPA-821-R-02-014 shall be required to conduct acute definitive tests starting with 100% effluent and using a minimum of five dilution concentrations in accordance with paragraph 62-620.620(3)(h), F.A.C. Chronic definitive tests shall not be required.

(g) Monitoring for chronic definitive whole effluent toxicity tests shall be as follows:

1. Monitoring Frequency. “Routine” toxicity tests are whole effluent toxicity tests conducted at regularly scheduled intervals once every three months unless otherwise specified in the facility’s permit or by operation of paragraph 62-620.620(3)(l), F.A.C.

2. Sample and Test Requirements.

a. Three 24-hour flow-proportioned composite samples of final effluent shall be collected in accordance with Section 8.3, in Methods EPA-821-R-02-013 and EPA-821-R-02-014 for each test conducted. If the duration of the discharge during a 24-hour composite sampling interval is less than 24-hours, the duration of the discharge shall be included in the facility’s report.

b. Test species, procedures, and quality assurance criteria shall be in accordance with Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms, 3rd ed., October 2002, EPA-821-R-02-014, incorporated herein by reference; or Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, 4th ed., October 2002, EPA-821-R-02-013, incorporated herein by reference.

c. The permittee shall conduct 7-day chronic toxicity tests for survival and growth with the mysid shrimp, Americamysis (Mysidopsis) bahia, EPA Method #1007.0 and the inland silverside, Menidia beryllina, EPA Method #1006.0, concurrently, if the effluent salinity is 1.0 part per thousand or greater measured as conductivity and the discharge is to predominantly marine waters, as defined in Rule 62-302.200, F.A.C. EPA Methods #1007.0 and #1006.0 are located in Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms, 3rd ed., October 2002, EPA-821-R-02-014, incorporated by reference in sub-subparagraph 62-620.620(3)(g)2.b., F.A.C.

d. The permittee shall conduct 7-day chronic toxicity tests for survival and reproduction with the daphnid, Ceriodaphnia dubia, EPA Method #1002.0, and for survival and growth with the fathead minnow, Pimephales promelas, EPA Method #1000.0, concurrently, if the effluent salinity is less than 1.0 part per thousand measured as conductivity or when the discharge is to predominantly fresh waters, as defined in Rule 62-302.200, F.A.C. EPA Methods #1002.0 and #1000.0 are located in Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, 4th ed., October 2002, EPA-821-R-02-013, incorporated by reference in sub-subparagraph 62-620.620(3)(g)2.b., F.A.C.

e. If the effluent salinity is less than 1.0 part per thousand measured as conductivity, and the effluent chloride concentration is greater than 230 milligrams per liter, and the discharge is to predominantly marine waters, the permittee may conduct 7-day chronic toxicity tests for survival and growth with the mysid shrimp, Americamysis (Mysidopsis) bahia, EPA Method #1007.0, and the inland silverside, Menidia beryllina, EPA Method #1006.0, concurrently.

f. The whole effluent toxicity test species shall be determined based on the effluent salinity at the edge of the mixing zone for facilities that discharge to predominantly marine waters and that have been granted chronic toxicity mixing zones under paragraph 62-4.244(3)(a), F.A.C. The salinity at the edge of the mixing zone is determined by diluting the effluent to the concentration at the edge of the mixing zone with dilution water adjusted to the minimum salinity of the receiving water. The whole effluent toxicity test species shall be freshwater species if the discharge is to predominantly fresh waters.

g. For freshwater species, the control water and dilution water used shall be moderately hard water as described in EPA-821-R-02-013, Section 7. For saltwater species, the control/dilution water shall be artificial seawater adjusted to the test salinity as described in EPA-821-R-02-014, Section 7.2 or hypersaline brine adjusted to the test salinity as described in EPA-821-R-02-014, Section 7.3.5. For whole effluent toxicity tests using saltwater species and a dilution series starting with the 100% effluent, only artificial sea salts shall be used to adjust the salinity of the effluent and control/dilution water. The test salinity shall be determined as follows:

(I) For the A. bahia bioassays, the effluent shall be adjusted to a salinity of 20 parts per thousand. The salinity of the control/dilution water (0% effluent) shall be 20 parts per thousand. When the salinity of the effluent is greater than 20 parts per thousand, no salinity adjustment shall be made to the effluent and the test shall be run at the effluent salinity. For facilities granted a chronic toxicity mixing zone, if the effluent salinity at the edge of the mixing zone as described in sub-subparagraph 62-620.620(3)(g)2.f., F.A.C., is greater than 20 parts per thousand, the salinity of the effluent and the control/dilution water (0% effluent) may be adjusted to match the minimum salinity of the effluent at the edge of the mixing zone, but shall not exceed the salinity range of the method.

(II) For the M. beryllina bioassays, when the salinity of the effluent is between 1 and 5 parts per thousand, the effluent shall be adjusted to a salinity of 5 parts per thousand. When the salinity of the effluent is greater than 5 parts per thousand, no salinity adjustment shall be made to the effluent and the test shall be run at the effluent salinity. The salinity of the control/dilution water (0% effluent) shall be 5 parts per thousand. For facilities granted a chronic toxicity mixing zone, if the effluent salinity at the edge of the mixing zone as described in sub-subparagraph 62-620.620(3)(g)2.f., F.A.C., is greater than 5 parts per thousand, the salinity of the effluent and control/dilution water (0% effluent) may be adjusted to match the minimum salinity of the effluent at the edge of the mixing zone, but shall not exceed the salinity range of the method.

h. If 100% mortality occurs in all effluent concentrations before the end of any test, and control mortality is less than 20% at that time, the test (including the control) shall be terminated with the conclusion that the test fails.

i. If a chronic definitive test is invalid as established in EPA methods EPA-821-R-02-013 and EPA-821-R-02-014, a retest must be started within 21 days after the last day of the invalid chronic definitive test.

(h) Monitoring for acute definitive whole effluent toxicity tests shall be as follows:

1. Monitoring Frequency.

a. The monitoring frequency for facilities required to conduct routine acute definitive tests in accordance with paragraph 62-620.620(3)(c), F.A.C., shall be as required in subparagraph 62-620.620(3)(g)1., F.A.C.

b. The monitoring frequency for facilities required to conduct routine acute definitive tests in accordance with paragraph 62-620.620(3)(f), F.A.C., shall be established based on the frequency and characteristics of the discharge.

2. Sample and Test Requirements.

a. Tests shall be conducted on four separate grab samples collected at evenly-spaced (6-hr) intervals over a 24-hour period to catch any peaks of toxicity and to account for daily variations in effluent quality. The four grab samples, while used in eight bioassays (four bioassays for each species), represent one test. If the duration of the discharge is less than 24-hours, the duration of discharge shall be documented in the facility’s report.

b. Test species, procedures, and quality assurance criteria shall be in accordance with Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, 5th ed., October 2002, EPA-821-R-02-012, incorporated herein by reference.

c. The permittee shall conduct 96-hour acute static renewal toxicity tests with the mysid shrimp, Americamysis (Mysidopsis) bahia, and the inland silverside, Menidia beryllina, concurrently, if the effluent salinity is 1.0 part per thousand or greater measured as conductivity and the discharge is to predominantly marine waters, as defined in Rule 62-302.200, F.A.C.

d. The permittee shall conduct 96-hour acute static renewal toxicity tests with the daphnid, Ceriodaphnia dubia, and the bannerfin shiner, Cyprinella leedsi, concurrently, if the effluent has a salinity of less than 1.0 part per thousand measured as conductivity or when the discharge is to predominantly fresh waters, as defined in Rule 62-302.200, F.A.C.

e. For facilities granted acute toxicity relief under paragraphs 62-4.244(3)(b) through (d), F.A.C., and that discharge to predominantly marine waters, the whole effluent toxicity test species shall be determined based on the salinity of the effluent diluted to the whole effluent acute toxicity limits in subsections 62-4.241(3) through (5), F.A.C., with control water adjusted to the minimum salinity of the receiving water.

f. For freshwater species, the control water and dilution water used shall be moderately hard water as described in EPA-821-R-02-012, Table 7. For saltwater species, the control/dilution water shall be artificial seawater adjusted to the test salinity as described in EPA-821-R-02-012, Section 7.2.4, or hypersaline brine adjusted to the test salinity as described in EPA-821-R-02-012, Section 7.3.7. For whole effluent toxicity tests using saltwater species and a dilution series starting with the 100% effluent, only artificial sea salts shall be used to adjust the salinity of the effluent and control/dilution water. The test salinity shall be determined as follows:

(I) When the salinity of the effluent is between 1 and 7 parts per thousand, the following salinity adjustment shall be used. For the A. bahia bioassays, the effluent shall be adjusted to a salinity of 7 parts per thousand. The control/dilution water shall be adjusted to 7 parts per thousand. No salinity adjustment shall be made for the M. beryllina bioassay test. The salinity of the control/dilution water (0% effluent) shall be adjusted to match the salinity of the effluent.

(II) When the salinity of the effluent is greater than 7 parts per thousand, no salinity adjustment shall be made to the effluent and the tests shall be run at the effluent salinity.

g. If 100% mortality occurs in all effluent concentrations before the end of any test, and control mortality is less than 10% at that time, the test (including the control) shall be terminated with the conclusion that the test fails.

h. If an acute definitive test is invalid as established in EPA method EPA-821-R-02-012, a retest must be started within 14 days of the last day of the invalid acute test.

(i) Acute and Chronic Whole Effluent Toxicity Test Failures.

1. A whole effluent toxicity test fails when the test does not meet the applicable acute or chronic whole effluent toxicity limits in Rule 62-4.241, F.A.C.

2. If a routine test fails, the permittee shall notify the Department within 21 days after the last day of the routine test.

3. The permittee shall conduct two additional follow-up tests on each species that failed the routine test. The first additional follow-up test shall be initiated within 28 days after the last day of the end of the failed routine test and weekly thereafter until a total of two valid additional follow-up tests are completed. If needed for intermittent discharges, the additional follow-up tests shall be initiated at the next discharge occurrence. The additional follow-up tests are intended to determine whether the whole effluent toxicity test failure of a facility’s effluent is intermittent or persistent.

a. Chronic whole effluent toxicity additional follow-up tests shall be conducted according to the monitoring procedures in paragraph 62-620.620(3)(g), F.A.C. The permittee may modify the dilution series in the second additional follow-up test to more accurately bracket the toxicity, such that at least two dilutions above and two dilutions below the target concentration and a control (0% effluent) are run.

b. Acute whole effluent toxicity additional follow-up tests shall be conducted according to the monitoring procedures in paragraph 62-620.620(3)(h), F.A.C., except that the second additional follow-up test shall be run on a single grab sample collected on the same day of the week and time when the greatest toxicity was identified in the routine or first additional follow-up test. The permittee may modify the dilution series in the second additional follow-up test to more accurately bracket the toxicity, such that at least two dilutions above and two dilutions below the target concentration and a control (0% effluent) are run.

4. In the event of three valid test failures (whether routine or additional follow-up tests) within a 12-month period, the permittee shall notify the Department within 21 days after the last day of the third test failure.

a. The permittee shall submit a plan for correction of the effluent toxicity within 60 days after the last day of the third test failure.

b. The plan shall be reviewed and approved by the Department before initiation. The Department shall approve the plan provided the study design is of sufficient scope and sensitivity to potentially identify and correct the toxicity.

c. The plan shall be initiated within 30 days following the Department’s written approval of the plan. The permittee shall submit progress reports to the Department every three months to the address specified in the facility’s permit.

d. During the period of time that the approved plan is ongoing, the permittee shall conduct routine whole effluent toxicity testing at the frequency of once every three months, but shall not be required to perform additional follow-up tests. If a routine test is invalid as established in EPA Methods, EPA-821-R-02-012, EPA-821-R-02-013, or EPA-821-R-02-014, a retest must be started within 21 days for a chronic test or 14 days for an acute test after the last day of the invalid test.

e. Following completion or termination of the plan, the frequency of monitoring for routine and additional follow-up whole effluent toxicity tests shall return to the schedule established in the facility wastewater permit. The permittee may terminate the plan at any time upon written verification by the Department that the facility has passed at least four consecutive valid routine whole effluent toxicity tests.

5. The additional follow-up testing and the plan required in subparagraphs 62-620.620(3)(i)3. and 4., F.A.C., do not preclude enforcement action.

(j) Acute and Chronic Whole Effluent Toxicity Tests Reporting Requirements.

1. The permittee shall mail a bioassay laboratory report for each routine test to the Department at the address specified in the permit within 30 days after the last day of the routine test. For additional follow-up tests, the bioassay laboratory report shall be mailed to the Department at the address specified in the permit within 30 days after the last day of the second valid follow-up test.

2. The laboratory reports shall be prepared according to Section 10, Report Preparation and Test Review, of the method required by sub-subparagraph 62-620.620(3)(g)2.b., F.A.C., for chronic whole effluent toxicity tests or Section 12, Report Preparation and Test Review, of the method required by sub-subparagraph 62-620.620(3)(h)2.b., F.A.C., for acute whole effluent toxicity tests.

3. All invalid test results shall be submitted with the repeat test results to the Department at the address specified in the permit.

(k) The Department shall increase or decrease the whole effluent toxicity test requirements in this rule taking any of the following factors into consideration:

1. The variability of the pollutants or pollutant parameters in the effluent indicated by the facility’s effluent characterization, the type of treatment facility, and types of industrial contribution to the influent of a domestic wastewater facility;

2. The dilution of the effluent in the receiving water indicated by the ratio of the effluent flow to the receiving water flow;

3. The degree of similarity between discharge points at facilities with multiple outfalls, where the sampling of one outfall is representative of more than one discharge point;

4. Site-specific considerations including the history of toxic impact or compliance problems at the wastewater facility which cause or contribute to adverse water quality impacts;

5. The existing and historical land-use, as well as existing and historical analytical data, when considering discharges that are primarily composed of storm water run-off; or

6. Results from implementation of the plan required in subparagraph 62-620.620(3)(i)4., F.A.C.

(l) Notwithstanding paragraph 62-620.620(3)(k), F.A.C., upon completion of four consecutive, valid routine tests that demonstrate compliance with the whole effluent toxicity limits in the facility’s wastewater permit, a permittee may submit a written request to the Department for a reduction in routine monitoring frequency from once every three months, as required under subparagraph 62-620.620(3)(g)1., F.A.C., to once every six months. The request shall include a summary of the data and the complete bioassay reports for all tests being considered. The Department shall act on the request within 45 days. Reductions in monitoring shall only become effective upon the Department’s written confirmation that the facility has completed four consecutive valid passing routine whole effluent toxicity tests. A single failed test shall not result in a return to quarterly monitoring unless the Department determines that more frequent monitoring is required to address a specific toxicity issue.

(4) When a permit is renewed, revised, or reissued, a less stringent effluent limitation than contained in the previous permit shall be contained in the renewed, revised, or reissued permit only if the permittee demonstrates that:

(a) Information, other than revised rules, guidance, or test methods, is available which was not available at the time of permit issuance and which would have justified the application of a less stringent effluent limitation at the time of permit issuance or the Department determines that technical mistakes or mistaken interpretations of law were made in issuing the permit;

(b) A less stringent effluent limitation is necessary because of events over which the permittee has no control and for which there is no reasonably available remedy;

(c) A permit revision for a substantial modification to the facility provides justification for the application of a less stringent effluent limitation;

(d) A variance has been granted under Part VI of Chapter 62-620, F.A.C.; or

(e) The treatment works required to meet the effluent limitations in the previous permit have been installed, properly operated, and maintained but the facility has nevertheless been unable to achieve the previous effluent limitations. In such cases, the limitations in the renewed, revised, or reissued permit shall reflect the level of pollutant control actually achieved but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, revision, or reissuance.

(f) In no event shall a permit be renewed, revised, or reissued to contain an effluent limitation which is less stringent than required by effluent guidelines in effect at the time the permit is renewed, revised, or reissued, or to contain a less stringent effluent limitation if the implementation of such limitation would result in a violation of a water quality standard applicable to the receiving water.

(5) When a part of a discharger’s process wastewater is being disposed into an injection well, into a separately permitted treatment works, or by land application, the applicable effluent standards and limitations for the surface water discharge of the process wastewater shall be adjusted to reflect the reduced waste.

(a) If none of the waste from a particular process is discharged into surface waters and effluent limitations guidelines provide separate allocation for wastes from that process, all allocations for the process shall be eliminated from calculation of permit effluent limitations or standards.

(b) Except as provided in paragraphs 62-620.620(4)(a), (c) and (d), F.A.C., effluent limitations for subsection (5) of this section shall be adjusted by multiplying the effluent limitation derived by applying effluent limitation guidelines to the total waste stream by the amount of wastewater flow to be treated and discharged into surface waters, and dividing the result by the total wastewater flow. Effluent limitations and standards so calculated shall be further adjusted to make them less stringent if a variance for fundamentally different factors is granted pursuant to Rule 62-620.800, F.A.C., or to make them more or less stringent if discharges to injection wells, publicly owned treatment works, or by land application change the character or treatability of the pollutants being discharged to receiving waters. This method may be algebraically expressed as: P = (E × N)/T where P is the permit effluent limitation, E is the limitation derived by applying effluent guidelines to the total waste stream, N is the wastewater flow to be treated and discharged to surface waters, and T is the total wastewater flow.

(c) Paragraphs (5)(a) and (b) of this section do not apply to the extent that promulgated effluent limitations guidelines control concentrations of pollutants discharged but not mass, or specify a different specific technique for adjusting effluent limitations to account for disposal through an injection well, land application, or disposal into a separately permitted treatment works.

(d) Paragraphs (5)(a) and (b) of this section do not alter a discharger’s obligation to meet any more stringent requirements set forth in Rule 62-620.610 or 62-620.625, F.A.C.

(6) The permit shall, when appropriate, specify a schedule of compliance leading to compliance with Chapter 403, F.S., and Department rules.

(a) Any schedule of compliance under this section shall require compliance as soon as sound engineering practices allow, but not later than any applicable statutes or rule deadline.

(b) The first permit to a new source or a new discharger shall contain a schedule only when necessary to allow a reasonable opportunity to attain compliance with requirements issued or revised after commencement of construction but less than three years before commencement of the relevant discharge. For recommencing dischargers, a schedule shall be available only when necessary to allow a reasonable opportunity to attain compliance with requirements issued or revised less than three years before recommencement of discharge.

(c) If a permit establishes a schedule which exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.

(d) The time between interim dates shall not exceed one year, except that in the case of a schedule for compliance with residuals use and disposal, the time between interim dates shall not exceed six months.

(e) If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.

Specific Authority 403.061, 403.087, 403.8055 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.087, 403.088, 403.0885, 403.141, 403.161 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00, 4-2-08.