Fla. Admin. Code Ann. R. 62-555.525 - Capacity Development Provisions of Public Water System Permitting

(1) This section applies to the following types of systems only. These are defined as "new systems" for the purposes of capacity development and referred to as "new systems" in this section.

(a) Entirely new community or non-transient non-community water systems constructed, or commencing operations, on or after October 1, 1999.

(b) Water systems that previously did not meet the definition of a community water system (CWS) or the definition of a non-transient non-community water system (NTNCWS) but that grow to become a CWS or NTNCWS through an infrastructure expansion constructed, or placed into operation, on or after October 1, 1999. Water systems that previously did not meet the definition of a CWS or the definition of an NTNCWS but that grow to become a CWS or NTNCWS by adding users without expanding their infrastructure are not considered "new systems" for the purposes of capacity development.

(2) Construction permit applications for infrastructure creating a "new system" as described in subsection (1), above, shall include a demonstration that the "new system" will have financial, managerial, and technical capacity to function in compliance with Chapters 62-550, 62-555, 62-560, and 62-699, F.A.C. Construction permit applicants who fail to demonstrate that a "new system" will have financial, managerial, and technical capacity to function in compliance with Chapters 62-550, 62-555, 62-560, and 62-699, F.A.C., shall not receive a construction permit.

(3) Demonstrations of financial, managerial, and technical capacity for "new systems" shall contain the following:

(a) Documentation that the owner of the "new system" holds, or will hold, an operator license sufficient to fulfill the staffing requirements in Chapter 62-699, F.A.C., or that the "new system" employs, or will employ, licensed operators to fulfill the staffing requirements in Chapter 62-699, F.A.C.

(b) A demonstration that the "new system" has, or will have, the capability to conduct the monitoring and reporting required under Chapter 62-550, F.A.C., and the capability to maintain the records required under Chapter 62-550, F.A.C.

(c) A demonstration that the "new system" has, or will have, the capability to meet the operation and maintenance requirements in this chapter.

(d) A demonstration of financial and managerial capacity as described in subparagraph 1. or 2., below.

1. "New systems" that will not be regulated by the Florida Public Service Commission shall demonstrate financial and managerial capacity using Form 62-555.900(20), New Water System Capacity Development Financial and Managerial Operations Plan, as incorporated into Rule 62-555.357, F.A.C. The completed Form 62-555.900(20) shall be sent to the appropriate Department of Environmental Protection District Office or Approved County Health Department.

2. "New systems" that will be regulated by the Florida Public Service Commission shall demonstrate financial and managerial capacity using Form 62-555.900(20), New Water System Capacity Development Financial and Managerial Operations Plan, as incorporated into Rule 62-555.357, F.A.C., except that such systems need not complete Parts II and III of the form (financial capacity). "New systems" in counties under the jurisdiction of the Florida Public Service Commission but not subject to its regulations are not exempt from completing Parts II and III of the form. The completed Form 62-555.900(20) shall be sent to the appropriate Department of Environmental Protection District Office or Approved County Health Department.

Notes

Fla. Admin. Code Ann. R. 62-555.525

Rulemaking Authority 403.861(9), 403.8615 FS. Law Implemented 403.8615 FS.

New 9-22-99, Amended 8-28-03.

New 9-22-99, Amended 8-28-03.