Fla. Admin. Code Ann. R. 62-520.470 - Modification Procedures for Zones of Discharge or Monitoring Requirements

(1) At any time, including the time of permit renewal, the Department shall order or a permittee may petition for modification of the zone of discharge or monitoring requirements for any of the following reasons, or reasons contained in Rule 62-4.080, F.A.C.

(a) Monitoring data indicate that the discharge plume has resulted or may in the foreseeable future result in a violation of applicable water quality standards beyond the boundary of the existing zone of discharge;

(b) Continuation of the existing zone of discharge will impair the designated use of underground sources of drinking water or the surface waters immediately affected by the ground water;

(c) Continuation of the existing zone of discharge will result in an imminent threat to public health or the environment;

(d) A zone of discharge smaller than the existing zone will afford necessary protection to the water resources at a cost that is commensurate with the benefits to the public of such protection;

(e) The monitoring data provided by the installation owner are inadequate to allow a determination of compliance with applicable zone of discharge limitations, or

(f) A change in the chemical, physical, or microbiological composition, or the volume or the location of the discharge, requires a change in the zone of discharge or the monitoring scheme to assure compliance.

(2) Unless modified pursuant to subsection (1), above, a permit holder shall continue to have the same zone of discharge in the new permit. If no zone of discharge is specified in the existing permit, the new permit shall specify the boundary of the zone of discharge.

(3) If a modification is requested pursuant to subsection (1), above, a zone of discharge shall be established as follows:

(a) The zone of discharge modification described in subsection (1) above shall be based upon a showing that one or more of the conditions in paragraphs (1)(a) through (f), above, has occurred.

(b) Once the party seeking the modification has established that one or more of the conditions in paragraphs (1)(a) through (f), above has occurred, the Department shall modify the zone of discharge or monitoring requirements to assure that none of the conditions in paragraphs (1)(a) through (c), above, will continue to occur, based upon the monitoring data received from the monitoring program implemented pursuant to this chapter.

(c) No zone of discharge shall be modified to allow it to extend beyond the limits of the installation owner's property boundary line except as provided in paragraph (d), below.

(d) An owner of an existing installation may petition the Department in writing for a permit modification to extend its zone of discharge for certain specified water quality parameters. The Department shall modify the installation's permit to include such extension if the owner affirmatively demonstrates that conditions 1. through 4., below, are met. The permit modification procedures for an extension of a zone of discharge, including those of newspaper notice publication, shall be the same as any other permit modification procedure except that condition 5. below shall also apply.

1. The discharge shall not significantly impair any designated use of the receiving ground water, or surface water,

2. The discharge shall not in the foreseeable future result in a violation of applicable ground water standards in a currently used source of drinking water outside the zone of discharge,

3. The discharge shall not prevent persons within the proposed zone of discharge from enjoying the reasonable and beneficial use of their property,

4. The economic and social benefits of a zone of discharge extending beyond the property boundary outweigh the economic, environmental, and social costs resulting from the extended zone of discharge, taking into account the feasibility of preventative measures or corrective actions; and,

5. The permittee shall provide a copy of the petition to the property owners of the property underlain by the proposed extended zone of discharge by certified mail return receipt requested within 10 days from submitting the petition to the Department. A copy of each certified mail return receipt shall be provided to the appropriate permitting program in the Department District office where the permit was issued.

(e) If the permit modification request in paragraph (d), above, is granted, it shall be recorded in the property records of the affected parcels by the recipient of the zone of discharge permit modification.

Notes

Fla. Admin. Code Ann. R. 62-520.470

Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS.

New 9-8-92, Amended 4-14-94, Formerly 17-522.500, 62-522.500, Amended 7-12-09.

New 9-8-92, Amended 4-14-94, Formerly 17-522.500, 62-522.500, Amended 7-12-09.