Fla. Admin. Code Ann. R. 62-560.545 - Request for Waiver of Monitoring Requirements
(1) Volatile
Organics. Each community or non-transient non-community water system that does
not detect a contaminant listed in paragraph
62-550.310(4)(a),
F.A.C., after completing initial monitoring requirements may apply to the
Department for a waiver from the monitoring requirements for volatile organics
in Rule 62-550.515, F.A.C. A waiver from
the volatile organic contaminant monitoring requirements of Rule
62-550.515, F.A.C., shall be
effective for no more than six years (two compliance periods).
(2) Synthetic Organics. Each community or
non-transient non-community water system may apply to the Department for a
waiver from the synthetic organic contaminant monitoring requirements in Rule
62-550.516, F.A.C. A system
shall reapply for a waiver for each three-year compliance period.
(3) The Department shall grant a waiver if
the supplier of water or the State performs a study that shows the public water
system is not vulnerable to contamination. Not vulnerable to contamination
shall mean:
(a) There is no record of
previous use (including transport, storage, or disposal) of the contaminant
within the watershed or zone of influence of the system, or
(b) If previous use of the contaminant is not
known or if the contaminant has been used previously, then the supplier of
water shall evaluate the following factors to show:
1. That the previous analytical results show
no contaminants were detected. Data used in this analysis shall have been
collected after January 1, 1990,
2.
There is no potential point or non-point source of contamination located within
the watershed or zone of influence of the system. Point sources include spills
and leaks of chemicals at or near a water treatment facility or at
manufacturing, distribution, or storage facilities, or from hazardous and
municipal waste landfills and other waste handling or treatment facilities.
Non-point sources include the use of pesticides to control insect and weed
pests on agricultural areas, forest lands, home and gardens, and other land
application uses,
3. That the
environmental persistence and transport of the contaminants is such that the
risk of contamination is negligible; and,
4. The water source is protected against
contamination. Subpart H systems shall have implemented a watershed protection
plan accepted by the Department. Ground water systems shall consider factors
such as depth of the well, the integrity of the well casing, the type of soil,
and wellhead protection.
(c) For pesticides, that there are no
elevated nitrate levels at the water supply source; and,
(d) For PCBs, that there is no use of PCBs in
equipment used in the production, storage, or distribution of water (e.g., PCBs
used in pumps, transformers, etc.).
(4) As a condition of a waiver of the
monitoring requirements for volatile organic contaminants in Rule
62-550.515, F.A.C., a system
shall take one sample at each sampling point while the waiver is in effect
(e.g., one sample during two compliance periods or six years), and up-date its
vulnerability study considering the factors listed in subsection (3), above.
Based on this updated vulnerability study, the Department shall confirm or not
confirm that the system is not vulnerable. If the Department does not make this
reconfirmation within three years after the initial determination, the waiver
is invalidated and the system shall sample annually as specified in Rule
62-550.515,
F.A.C.
Notes
Rulemaking Authority 403.861(9) FS. Law Implemented 403.0877, 403.853 FS.
New 1-1-93, Formerly 17-560.545, Amended 9-7-94, 9-26-95, 11-27-01.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Volatile Organics. Each community or non-transient non-community water system that does not detect a contaminant listed in paragraph 62-550.310(4)(a), F.A.C., after completing initial monitoring requirements may apply to the Department for a waiver from the monitoring requirements for volatile organics in Rule 62-550.515, F.A.C. A waiver from the volatile organic contaminant monitoring requirements of Rule 62-550.515, F.A.C., shall be effective for no more than six years (two compliance periods).
(2) Synthetic Organics. Each community or non-transient non-community water system may apply to the Department for a waiver from the synthetic organic contaminant monitoring requirements in Rule 62-550.516, F.A.C. A system shall reapply for a waiver for each three-year compliance period.
(3) The Department shall grant a waiver if the supplier of water or the State performs a study that shows the public water system is not vulnerable to contamination. Not vulnerable to contamination shall mean:
(a) There is no record of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the system, or
(b) If previous use of the contaminant is not known or if the contaminant has been used previously, then the supplier of water shall evaluate the following factors to show:
1. That the previous analytical results show no contaminants were detected. Data used in this analysis shall have been collected after January 1, 1990,
2. There is no potential point or non-point source of contamination located within the watershed or zone of influence of the system. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities. Non-point sources include the use of pesticides to control insect and weed pests on agricultural areas, forest lands, home and gardens, and other land application uses,
3. That the environmental persistence and transport of the contaminants is such that the risk of contamination is negligible; and,
4. The water source is protected against contamination. Subpart H systems shall have implemented a watershed protection plan accepted by the Department. Ground water systems shall consider factors such as depth of the well, the integrity of the well casing, the type of soil, and wellhead protection.
(c) For pesticides, that there are no elevated nitrate levels at the water supply source; and,
(d) For PCBs, that there is no use of PCBs in equipment used in the production, storage, or distribution of water (e.g., PCBs used in pumps, transformers, etc.).
(4) As a condition of a waiver of the monitoring requirements for volatile organic contaminants in Rule 62-550.515, F.A.C., a system shall take one sample at each sampling point while the waiver is in effect (e.g., one sample during two compliance periods or six years), and up-date its vulnerability study considering the factors listed in subsection (3), above. Based on this updated vulnerability study, the Department shall confirm or not confirm that the system is not vulnerable. If the Department does not make this reconfirmation within three years after the initial determination, the waiver is invalidated and the system shall sample annually as specified in Rule 62-550.515, F.A.C.
Notes
Rulemaking Authority 403.861(9) FS. Law Implemented 403.0877, 403.853 FS.
New 1-1-93, Formerly 17-560.545, Amended 9-7-94, 9-26-95, 11-27-01.