Fla. Admin. Code Ann. R. 62-520.500 - Water Quality Criteria Exemptions for Installations Discharging Into Class G-I or G-II Ground Water

(1) In order for a specific installation to seek an exemption from water quality criteria, which include the primary and secondary standards and minimum criteria set forth in this chapter, the permittee or permit applicant must file a petition with the agency clerk in the Department's Office of General Counsel, 3900 Commonwealth Blvd., MS 35, Tallahassee, Florida 32399-3000. The petitioner must provide the fee of $6, 000.00 per parameter with the petition. The petition shall include alternative compliance levels for the parameters from which an exemption is being sought. The petitioner will be granted the exemption if the petitioner affirmatively demonstrates each of the following:

(a) Granting the exemption is clearly in the public interest;

(b) Compliance with such criteria is unnecessary for the protection of present and future potable water supplies;

(c) Granting the exemption will not interfere with existing uses or the designated use of the waters or of contiguous water;

(d) The economic, environmental, and social costs of compliance with the criteria outweigh the economic, environmental and social benefits of compliance;

(e) An adequate monitoring program approved by the Department is established to ascertain the location and approximate dimensions of the discharge plume, to detect any leakage of contaminants to other aquifers or surface waters, and to detect any adverse effect on underground geologic formations or waters; and,

(f) The exemption will not present a danger to the public health, safety or welfare.

(2) The Department shall enter an order granting the petition, denying the petition, or granting the petition in part. The Department will provide public notice of its intended action in the Florida Administrative Register along with an opportunity for an administrative hearing under Sections 120.569 and 120.57, F.S. The petitioner shall, on or about the same time that notice is published in the Florida Administrative Register, publish this same notice in a newspaper of general circulation in the area affected.

(3) If an exemption is granted, either in whole or in part, the permit shall be conditioned or modified to include the exemption. The exemption shall be effective for the duration of the permit, unless it is applied for renewal at the same time that the permit is renewed. A petition for renewal of the exemption shall follow the same procedures as would a petition for a new exemption.

Notes

Fla. Admin. Code Ann. R. 62-520.500

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

New 9-8-92, Amended 4-14-94, Formerly 17-520.500, Amended 7-12-09.

New 9-8-92, Amended 4-14-94, Formerly 17-520.500, Amended 7-12-09.