62-650.300. Scope, Applicability, General Guidance, and Enforcement

(1) Scope.

(a) Section 403.021(2), Florida Statutes, as amended, the Florida Air and Water Pollution Control Act, established that no wastes are to be discharged to any waters of the state without first being given the degree of treatment necessary to protect the beneficial uses of such water. Toward this end, Sections 403.085 and 403.086, Florida Statutes, set forth requirements for the treatment and disposal of domestic and industrial wastewater. Section 403.051(3)(a), Florida Statutes, mandates that any Department planning, design, construction, modification or operating standards, criteria, and requirements for wastewater facilities be developed as a rule or regulation. This rule is promulgated to implement the provisions and requirements of Sections 403.051, 403.085, 403.086, 403.087 403.088, Florida Statutes, concerning the development of effluent limitations for wastewater facilities.

(b) Except as otherwise provided for by subsection 62-650.110(2), F.A.C., the Department shall not issue a permit for a discharge to waters of the state, unless the Department has established an effluent limit for those pollutants in the discharge that are present in quantities or concentrations which can be reasonably expected to cause or contribute, directly or indirectly, to a violation of any water quality standard established in Chapter 62-302, F.A.C. The effluent limit may be a technology based effluent limit (TBEL), a water quality based effluent limit (WQBEL) determined by the Level I process in accordance with Rule 62-650.400, F.A.C., or where applicable, a WQBEL determined by the Level II process in accordance with Rule 62-650.500, F.A.C.

(2) Applicability. In addition to any technology based surface water effluent limitations required under the provisions of the Chapter 62-600, F.A.C., rule series, all activities and discharges, other than dredge and fill activities, shall also meet water quality based effluent limitations where necessary to meet water quality standards.

(a) A water quality based effluent limit shall be determined by the Department in accordance with this rule and shall be based upon the characteristics of discharge, the receiving water characteristics, and the criteria and standards of Rules 62-4, 62-302, and the 62-600 series, F.A.C. Requests for zones of mixing and any previously approved zones of mixing will be taken into consideration when determining WQBELs. No zone of mixing shall be provided for any parameters for which the applicant fails or declines to provide the necessary characteristics of the discharge.

(b) For stationary installations created by dredging and/or filling or stationary installations for the discharge of drainage, an applicant shall provide the Department with reasonable assurance that the proposed discharge will comply with water quality standards. Reasonable assurance may be based upon:

1. Scientific studies which may include mathematical water quality modeling and biological studies; or

2. Proposed use of any pollution control technique which assures compliance with water quality standards.

(3) General Guidance.

(a) The specific pollutants expected to be in a discharge shall be determined from an effluent characterization provided by the applicant.

(b) An evaluation of the impact of a proposed or continued discharge on the water quality of the receiving water body shall be conducted by the Department for all permit applications. The appropriate district office will review applications to determine whether TBELs as contained in Department rules are sufficient to maintain water quality standards in the receiving water body. If TBELs are sufficient, the permit limits will be based on those criteria, and a brief report will be prepared explaining the Department’s rationale for its decision. A copy of this report shall be part of the permit file. If TBELs are not sufficient, or if additional information or analysis is determined to be necessary to ensure that the effluent will not violate water quality standards in the receiving water body, WQBELs must be determined.

(c) The applicant for a permit has the ultimate burden of providing all information necessary for the Department to establish a WQBEL. Any pertinent information already available to the Department shall be made available to the applicant. However, as provided in Rule 62-650.500, F.A.C., the Department will conduct the required data collection and analysis in specified circumstances and may provide some of the information and assist the applicant in the acquisition of other information in other cases.

(d) When WQBELs are determined to be necessary, the information or analyses necessary to establish those WQBELs are critical to the Department's permit decision, and no application shall be deemed complete without such information or analyses. When a Level II water quality study and analysis are required for the renewal of an existing operation permit, the existing permit shall remain in full force and effect if an otherwise sufficient application has been timely filed with the Department unless the discharge at existing permit limits is causing significant detrimental environmental or public health effects. The existing permit limits shall remain in effect until a new permit has been issued or the existing permit has been modified pursuant to Rule 62-4.080, F.A.C.

(e) The establishment of a WQBEL does not alleviate the discharger from complying with all other applicable requirements of the Department or with the requirements of any other state, federal or local governmental agency.

(f) Where applicable, WQBELs will be established consistent with the provisions of subsections 403.061(7) and (11), Florida Statutes.

(g) When considering the allocation of available assimilative capacity for new discharges, the Department shall not require the owners or operators of existing permitted discharges to increase their permitted level of treatment or reduce their pollutant loadings or concentrations solely to accommodate the new discharge. However, the Department shall not be precluded from requiring additional treatment or reductions in pollutant loadings or concentrations for existing permitted discharges where otherwise authorized by law or Department rule.

(h) Effluent limitations based upon water quality standards and the provisions of Rule 62-4.244, F.A.C., shall be determined by application of accepted scientific methods. It is recognized that models and other scientific methods of predicting the concentrations of pollutants result in estimated values of concentrations. Such estimates shall be acceptable for the purpose of determining effluent limitations provided that the most reliable and complete data reasonably available to the department have been applied. Accepted scientific methods shall be based upon, but not limited to,

1. An analysis of the condition of the receiving body of water including reasonably expected ambient water quality and present and future flow conditions and present and future characteristics of the discharge, under which the cumulative impact of discharge is reasonably expected to be a maximum; and

2. Consideration of the nature, volume, and frequency of the proposed discharge of waste, including any possible known synergistic effects with other pollutants or substances which may be present in the receiving body of water.

3. Nothing in paragraph (a) or (b) above, shall preclude the Department from establishing WQBELs that vary on a seasonal or other basis.

(4) Enforcement.

(a) Except in instances where irreparable injury may occur, the Department shall not institute enforcement action for a violation of water quality standards for a component or characteristic of a discharge for which the Department has declined to provide an effluent limit or for which an effluent limitation has been specified in a permit and with which effluent limitation the permittee is in compliance. However, the Department shall not be precluded from:

1. Instituting an enforcement action for a violation of water quality standards based upon a component for which an effluent limitation has been specified in a permit, but with which effluent limitation the permittee is not in compliance; or

2. Instituting an enforcement action for a violation of water quality standards based upon a component or characteristic of a discharge for which an effluent limit or the determination that no such limit was needed was derived from erroneous, false, or misleading information submitted by or on behalf of the permit applicant; or

3. Instituting an enforcement action for a violation of water quality standards based upon a component or characteristic of a discharge for which no effluent limit has been specified in a permit because the applicant failed or declined to provide, in the application for such permit, information which adequately described such component or characteristic so as to establish the relationship necessary to establish a water quality based effluent limit; or

4. Instituting an enforcement action for a violation of the limitations imposed via Rule 62-600.740, F.A.C.

(b) In the case of drainage discharges permitted under subsection 62-650.110(3), F.A.C., and for which no effluent limitations have been specified in a permit, the Department shall not institute enforcement action during the term of the permit, except

1. Where irreparable harm may occur; or

2. For violations of conditions of a permit.

Specific Authority 403.051, 403.061, 403.062, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Formerly 17-650.300, Amended 12-26-96.