(1) All ground water of the State is
classified according to designated uses as follows:
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CLASS F-I
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Potable water use, ground water in a single source
aquifer described in Rule
62-520.460, F.A.C., with a total
dissolved solids content of less than 3, 000 mg/L and was specifically
reclassified as Class F-I by the Commission.
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CLASS G-I
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Potable water use, ground water in a single source
aquifer that has a total dissolved solids content of less than 3, 000 mg/L and
was specifically reclassified by the Commission.
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CLASS G-II
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Potable water use, ground water in aquifers with a
total dissolved solids content of less than 10, 000 mg/L, unless otherwise
classified by the Commission.
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CLASS G-III
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Non-potable water use, ground water in unconfined
aquifers with a total dissolved solids content of 10, 000 mg/L or greater; or
with a total dissolved solids content of 3, 000-10, 000 mg/L and either has
been reclassified by the Commission as having no reasonable potential as a
future source of drinking water, or has been designated by the Department as an
exempted aquifer pursuant to subsection
62-528.300(3),
F.A.C.
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CLASS G-IV
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Non-potable water use, ground water in confined
aquifers with a total dissolved solids content of 10, 000 mg/L or
greater.
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(2)
It shall be the Department policy to afford the highest protection to single
source aquifers. Upon petition by an affected party as provided in subsection
(6), the Commission may reclassify aquifers or portions of aquifers as Class
G-I ground water.
(3) The specific
water quality criteria corresponding to each ground water classification are
listed in Rules
62-520.420 to
62-520.460, F.A.C.
(4) Ground water quality classifications are
arranged in order of the degree of protection required, with Class G-I and F-I
ground water requiring generally the most stringent water quality criteria and
Class G-IV the least.
(5)
Reclassification of ground water as provided in subsection (1), above, shall be
accomplished in the following manner:
(a) Any
substantially affected person or a water management district may seek
reclassification of any ground water of the State by filing a petition with the
Department's agency clerk in the Office of General Counsel, MS 35, 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000. In addition, the
Department, may seek reclassification by initiating rulemaking under Section
120.54, F.S.
(b) A petition for reclassification shall
contain the information necessary to support the affirmative findings required
in this rule.
(c) Before any ground
water can be reclassified:
1. If a petition
for reclassification is the impetus for such reclassification, the Department
shall provide the petitioner with the public notice to be published, at least
21 days before the Environmental Regulation Commission's rule adoption public
hearing, in the legal advertising section of a newspaper of general circulation
in the area of the proposed reclassified ground water.
2. If the Department seeks reclassification
without a petition being filed, the Department shall provide for newspaper
publication as described above.
3.
In addition, the Department, through its rulemaking notice, shall publish the
proposed rule as required under Chapter 120, F.S., and the Department will
provide written notification to local governments whose jurisdiction overlies
any portion of the ground water proposed to be
reclassified.
(d)
Reclassification of ground water of the State shall be adopted only upon
affirmative findings by the Commission that:
1. The proposed reclassification will
establish the present and future most beneficial use of the ground water,
2. Such a reclassification is
clearly in the public interest; and,
3. The proposed designated use is attainable,
upon consideration of environmental, water quality, technological, social,
economic, and institutional factors.
(6) In addition to the procedures in
subsection (5), above, the following procedure shall be used to designate
single source aquifers:
(a) Rulemaking
procedures pursuant to Rule
62-110.103, F.A.C., shall be
followed;
(b) At least one
fact-finding workshop shall be held in the affected area;
(c) All local, county, or municipal
governments, water management districts, and state legislators whose districts
or jurisdictions include all or part of a proposed single source aquifer shall
be notified in writing by the Department at least 60 days prior to the
workshop;
(d) A prominent public
notice shall be placed in a newspaper, or newspapers if a large area is to be
designated, of general circulation in the area of the proposed single source
aquifer at least 60 days prior to the workshop;
(e) The Commission may reclassify an aquifer
or portion of an aquifer as a single source aquifer within specified boundaries
upon the affirmative finding that:
1. The
aquifer or portion of the aquifer is the only reasonably available source of
potable water to a significant segment of the population; and,
2. The designated use is attainable, upon
consideration of environmental, technological, water quality, institutional,
social, and economic factors.
(f) When making the finding required by
paragraph (6)(e), above, the Commission must specifically consider, upon
presentation of any competent evidence at the hearing, the following:
1. Other sources of potable water which could
be used and the costs of developing these sources; and,
2. The long term adequacy of the ground water
aquifer to supply expected future demands if other sources are not developed;
and,
3. Potential adverse effects
from continued consumption of water from the aquifer if G-I classification does
not occur; and,
4. Potential
adverse effects on existing and potential discharges to the affected ground
water if G-I classification occurs.
Notes
Fla. Admin. Code Ann. R.
62-520.410
Rulemaking Authority 403.061 FS. Law Implemented 403.021,
403.061 FS.
Formerly 28-5.06, 17-3.06, 17-3.081, Amended and
Renumbered 1-1-83, Formerly 17-3.403, Amended 9-8-92, Formerly 17-520.410,
Amended 7-12-09.
Formerly 28-5.06, 17-3.06, 17-3.081, Amended and Renumbered
1-1-83, Formerly 17-3.403, Amended 9-8-92, Formerly 17-520.410, Amended
7-12-09.
