(2) Applicability.
(a) Where there are conflicts with other
existing specific or general rules of the Department, the requirements and
procedures set forth in this chapter shall supersede all other procedures and
requirements for wastewater facilities or activities.
(b) Requirements in this chapter shall apply
to domestic or industrial wastewater facilities which discharge wastes into
waters or which can reasonably be expected to be a source of
pollution.
(c) The permitting
procedures of this chapter apply to stormwater discharges regulated under
Section 403.0885, F.S. It is the intent
of this chapter as to stormwater discharges to implement the substantive
requirements of the Federal NPDES stormwater program.
(d) The requirements of this chapter are in
addition to and not in lieu of the requirements of Part IV of Chapter 373,
F.S.
(e) This chapter does not
apply to septic tank drainfield systems and other on-site sewage treatment and
disposal systems with subsurface disposal if:
1. The system serves the complete wastewater
needs of an establishment with a design capacity of 10, 000 gallons per day or
less of domestic wastewater, or
2.
The system serves the complete wastewater needs of a commercial establishment
with a design capacity of 5, 000 gallons per day or less of commercial
wastewater.
(f) For
information purposes, the systems included in paragraph (e) of this rule, are
permitted by the State of Florida Department of Health in accordance with the
requirements of Chapter 64E-6, F.A.C. For these systems the Department shall
use subsection
64E-6.008(1),
F.A.C., for determining the estimated volume of sewage from an
establishment.
(g) This chapter
does not apply to permitting of wastewater collection systems and transmission
facilities.
(h) This chapter
applies to discharges from mobile point sources such as seafood processing
rigs, seafood processing vessels, aggregate plants, oil and gas exploratory
drilling rigs, or oil and gas developmental drilling rigs. It does not apply to
discharges of sewage from vessels regulated by the U.S. Coast Guard under
section 312 of the CWA.
(i) For
wastewater facilities which have both an existing Federal NPDES permit for
which the Department has been granted administrative authority and an existing
Department-issued permit for the same discharge to surface waters, the
Department shall, after the implementation of this rule, revise those permits
by issuing a letter to the permittee combining the two permits into one
Department-issued permit. The letter revising the permits shall change the
issuing agency name, include DEP Form
62-620.910(10)
for reporting monitoring information, contain an expiration date for the
combined permit, incorporate all of the permit conditions of both permits, and
state that if there are conflicts between permit conditions, the more stringent
condition shall supersede the less stringent. The existing permits shall be
revised as follows:
1. If the permittee has
either, but not both, a Department-issued construction or operating permit, the
expiration date of the combined permit shall be based on the earlier of the two
expiration dates of the Department or the Federal NPDES permit.
2. If the permittee has a Department-issued
temporary operating permit, the letter combining the permit conditions of both
permits shall include as an enclosure an Administrative Order setting forth the
schedule for compliance with the permit conditions.
3. If the permittee has both a
Department-issued construction permit and a Department-issued operating permit,
the letter shall combine the Federal NPDES and the Department operating permit
conditions and establish the expiration date using the earlier of the dates
from the Federal NPDES or the Department operating permit. The existing
construction permit shall remain in effect until it expires and shall not be
renewed or reissued.
(j)
For wastewater facilities which have a Federal NPDES permit only, the
Department shall, after implementation of this rule, revise the permit by
issuing a letter to the permittee. The letter revising the permit shall change
the name of the issuing agency and include DEP Form
62-620.910(10)
for reporting monitoring information to the Department.
(k) On the date this rule is implemented,
applications for renewal of permits to discharge wastes into surface waters
which have been filed prior to the implementation date with either EPA or the
Department shall be processed as follows:
1.
If the application is for renewal of an existing Federal NPDES permit, the
Department shall, within 60 days of the implementation date of this rule, send
a letter to the permittee requesting payment of the application processing fee
set forth in Rule
62-4.050, F.A.C., unless there
is pending an application for renewal of a Department permit for which the fee
has been paid. On receipt of the application processing fee the Department
shall process the application in accordance with Rule
62-620.510, F.A.C., and shall
request additional information necessary to meet the requirements of this
chapter. The Department shall not require the applicant to submit a new
application form under this chapter.
2. If the application is for renewal of an
existing Department permit, the Department shall, within 60 days of the
implementation date of this rule, send a letter to the permittee advising him
to amend his application for renewal to meet the requirements of this chapter.
The Department shall not require the applicant to submit a new application form
under this chapter. However, the applicant shall provide additional information
requested by the Department in accordance with Rule
62-620.510, F.A.C., to meet
the requirements of this chapter.
3. The existing Federal NPDES permit and
Department-issued permit, for which application for renewal was timely, shall
remain in effect, as revised under paragraph (i), of this rule, until
processing has been completed on the renewal in accordance with Rule
62-620.335, F.A.C., and this
subsection.
(l) If a
pending application is for the initial issuance or substantial revision of a
Federal NPDES permit, the Department shall follow the procedures set forth in
subparagraph (k)1., above, and the application shall be processed under this
chapter. If a pending application is for the initial issuance or substantial
revision of a Department permit, the Department shall follow the procedures set
forth in subparagraph (k)2., above, and the application shall be processed
under this chapter. In either case, the Department shall not require the
applicant to submit a new application form under this chapter.
(m) A permit authorizing a discharge solely
to ground water shall remain in effect until the expiration date in the permit.
If a permit application is being processed on the date this rule is
implemented, the Department shall follow the procedures set forth in
subparagraph (k)2., above, and the application shall be processed under the
requirements of this chapter. The Department shall not require the applicant to
submit a new application form under this chapter.
(n) If an application for renewal of a permit
is filed in accordance with Rule
62-4.090, F.A.C., within 180
days of implementation of this rule chapter, it shall be deemed to be a timely
application for the purposes of the existing permit remaining in effect until
processing has been completed on the application under Rule
62-620.335,
F.A.C.
(o) Conditional exclusion
for "no exposure" of industrial activities and materials to stormwater.
Discharges composed entirely of stormwater are not stormwater discharges
associated with industrial activity if there is "no exposure" of industrial
materials and activities to precipitation and/or runoff, and the discharger
satisfies the conditions in subparagraphs (o)1. through (o)3., of this rule.
"No exposure" means that all industrial materials and activities are protected
by a storm resistant shelter to prevent exposure to precipitation and/or
runoff. Industrial materials or activities include, but are not limited to,
material handling equipment or activities, industrial machinery, raw materials,
intermediate products, by-products, final products, or waste products. Material
handling activities include the storage, loading and unloading, transportation,
or conveyance of any raw material, intermediate product, final product or waste
product.
1. Qualification. To qualify for this
exclusion, the operator of the discharge must:
a. Provide a storm resistant shelter to
protect industrial materials and activities from exposure to precipitation and
runoff,
b. Submit to the Department
a completed and signed Form
62-620.910(17),
entitled "No Exposure Certification for Exclusion from NPDES Stormwater
Permitting, " effective 2-17-09, incorporated by reference and made part of
this chapter, certifying that there are no discharges of stormwater
contaminated by exposure to industrial materials and activities from the entire
facility, except as provided in subparagraph (o)2., of this rule. This form may
be obtained by writing the Department of Environmental Protection, NPDES
Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road,
Tallahassee, Florida 32399-2400, or from the Department's website. The
completed and signed Form
62-620.910(17),
and certification fee as required by subparagraph
62-4.050(4)(d)
3., F.A.C., must be submitted either by mail to: Department of Environmental
Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair
Stone Road, Tallahassee, Florida 32399-2400; or electronically using the
Department's Interactive Notice of Intent (iNOI) at
http://www.dep.state.fl.us/water/stormwater/npdes/,
c. Renew the certification every 5
years on or before the expiration of each 5 year interval by filing a new
completed and signed Form
62-620.910(17)
effective 2-17-09, and certification fee as required by subparagraph
62-4.050(4)(d)
3., F.A.C., either by mail to the Department of Environmental Protection, NPDES
Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road,
Tallahassee, Florida 32399-2400 or electronically using the Department's
Interactive Notice of Intent (iNOI) at
http://www.dep.state.fl.us/water/stormwater/npdes/,
d. Allow the Department or its
agents to inspect the facility to determine compliance with the "no exposure"
conditions; and,
e. For facilities
that discharge through a Municipal Separate Storm Sewer System (MS4), submit a
copy of the certification of "no exposure" to the MS4 operator, as well as
allow inspection and public reporting by the MS4 operator.
2. Industrial materials and activities not
requiring storm resistant shelter. To qualify for this exclusion, storm
resistant shelter is not required for:
a.
Drums, barrels, tanks, and similar containers that are tightly sealed, provided
those containers are not deteriorated and do not leak ("Sealed" means banded or
otherwise secured and without operational taps or valves),
b. Adequately maintained vehicles used in
material handling; and,
c. Final
products, other than products that would be mobilized in stormwater discharge
(e.g., rock salt).
3.
Limitations. This conditional exclusion from stormwater permitting under this
chapter and/or Chapter 62-621, F.A.C., is not available:
a. For stormwater discharges from
construction activities,
b. For
individual outfalls. The exclusion is available on a facility-wide basis only,
c. If circumstances change and
industrial materials or activities become exposed to precipitation and/or
runoff, the conditions for this exclusion no longer apply. In such cases, the
discharge becomes subject to enforcement for un-permitted discharge. Any
conditionally excluded discharger who anticipates changes in circumstances
should apply for and obtain permit authorization prior to the change of
circumstances; and,
d.
Notwithstanding the provisions of this paragraph, the Department retains the
authority to require permit authorization (and deny this exclusion) upon making
a determination that the discharge causes or contributes to the violation of an
applicable water quality standard, including designated
uses.
(3) References. The Department adopts and
incorporates by reference the following sections of Title 40 of the Code of
Federal Regulations (CFR) revised as of July 1, 2009, or later as specifically
indicated, and the Department Guide to Permitting Wastewater Facilities or
Activities Under Chapter 62-620, F.A.C., dated 7-10-06. Copies of these
documents may be obtained by writing the Department of Environmental
Protection, Bureau of Water Facilities Regulation, 2600 Blair Stone Road, MS
3535, Tallahassee, Florida 32399-2400.
(a) 40
C.F.R. Part
122, Appendix A, which lists the NPDES primary industry
categories.
(b) 40 C.F.R. Part
122, Appendix D, which contains NPDES permit application testing
requirements.
(c) 40 C.F.R. Part
125, subpart G, which contains the criteria for requesting a modification of
secondary treatment requirements under section 301(h) of the Clean Water
Act.
(d) 40 C.F.R. part
125, subpart D, which contains the criteria and standards for determining
fundamentally different factors under sections 301(b)(1)(A), 301(b)(2)(A) and
(E) of the Clean Water Act.
(e) 40
C.F.R. Part
125, subpart C, which contains the criteria for extending
compliance dates for facilities installing innovative technology under section
301(k) of the Clean Water Act.
(f)
40 C.F.R. Part
125, subpart H, which contains the criteria for determining
alternative effluent limitations under section 316(a) of the Clean Water
Act.
(g)
40 C.F.R.
133.102(a)(4) and (b), which
contains the level of effluent quality required for Carbonaceous Biochemical
Oxygen Demand (CBOD
5) and for Suspended Solids, which
for purposes of this rule means Total Suspended Solids (TSS).
(h) 40 C.F.R. Part
125, subpart A, which
contains guidelines for using best professional judgment to develop
technology-based effluent limitations on a case-by-case basis.
(i)
40 C.F.R.
122.26, which contains criteria and guidance
for permitting of stormwater discharges.
(k)
40 C.F.R.
401.15, which contains the list of toxic
pollutants promulgated under the section 307(a)(1) of the CWA.
(l)
40 C.F.R.
122.21(g)(7), solely for the
purpose of and only those portions that allow establishment of site-specific
sampling procedures for stormwater discharges.
(m)
40 C.F.R.
122.44(k), which contains
guidelines for requiring best management practices (BMPs) for facilities and
activities regulated under Section
403.0885, F.S.
(n)
40 C.F.R.
122.28(b)(3), which contains
certain criteria for requiring individual permits.
(o)
40 C.F.R.
124.66, which contains special procedures for
decisions on thermal variance under section 316(a) of the CWA.
(p) The Department of Environmental
Protection Guide to Permitting Wastewater Facilities or Activities Under
Chapter 62-620, F.A.C., 7-10-06.
(q) For the special case of open ocean
dischargers, 40 C.F.R.
133.103(d), which contains
the authorization to substitute a lower percent removal requirement or mass
loading limit for BOD and TSS limitations for otherwise applicable
requirements.
(r)
40 C.F.R.
122.21(a)(1), solely for the
purpose of establishing a duty for concentrated animal feeding operations to
apply for a permit.
(s)
40 C.F.R.
122.21(i)(1), containing
permit application requirements for concentrated animal feeding
operations.
(t)
40 C.F.R.
122.23(a) through (g),
containing the scope, permit requirements, determinations, dates for permit
applications and definitions for concentrated animal feeding
operations.
(u)
40 C.F.R.
122.63(h), making it a minor
permit modification to incorporate changes to a nutrient management
plan.
(v) 40 C.F.R.
412, containing
effluent guidelines and standards for concentrated animal feeding operations
(CAFO) point source category.
(w)
40 C.F.R.
122.42(e) containing
additional conditions that apply to concentrated animal feeding operation NPDES
permits.
(x)
40 C.F.R.
125.122 which contains the determination of
unreasonable degradation of marine environment.
(y) 40 C.F.R. part
125 subpart I, revised as
of July 1, 2013, amended August 15, 2014, at 79 FR
158, pages 48429 through
48430,
http://www.flrules.org/Gateway/reference.asp?No=Ref-05086,
and
http://www.flrules.org/Gateway/reference.asp?No=Ref-05087,
containing requirements applicable to cooling water intake structures for new
facilities under section 316(b) of the Clean Water Act. This rule shall be
effective on June 24, 2015.
(z) 40
C.F.R.
125 subpart J, amended August 15, 2014, at 79 FR
158, pages 48430
through 48439,
http://www.flrules.org/Gateway/reference.asp?No=Ref-05087,
containing requirements applicable to cooling water intake structures for
existing facilities under section 316(b) of the Clean Water Act. This rule
shall be effective on June 24, 2015.
(bb) 40 C.F.R.
127, subpart A (except
paragraph 127.1(a)(6)), subpart B (except paragraph 127.11(a)(2)), and
40 CFR
127.24, adopted October 22, 2015, at 80 FR
64063, pages 64102 through 64106,
http://www.flrules.org/Gateway/reference.asp?No=Ref-07244,
containing requirements for electronic reporting of NPDES information from
NPDES-regulated entities.
(cc)
Appendix A to 40 C.F.R.
127, adopted October 22, 2015, at 80 FR
64063, pages
64108 through 64156,
http://www.flrules.org/Gateway/reference.asp?No=Ref-07244,
containing the information NPDES-regulated entities must electronically report
and the minimum set of NPDES data that must be entered in or transferred to
EPA's national NPDES data system.