Fla. Admin. Code Ann. R. 62-560.520 - Drinking Water Exemption Request

(1) A supplier of water may request an exemption from a maximum contaminant level, maximum residual disinfectant level, or treatment technique requirement by submitting a request in writing to the appropriate Department of Environmental Protection District Office or appropriate Approved County Health Department. Any written request for an exemption shall include the following information:

(a) The nature and duration of the exemption requested.

(b) Relevant analytical results of water quality sampling of the public water system, including results of relevant tests conducted in accordance with the requirements of Chapter 62-550, F.A.C.

(c) Explanation of the compelling factors, such as time, legal, or economic factors, that prevent the public water system from achieving compliance or implementing measures to develop an alternative source of water supply. The applicant shall consider the availability of an alternative source of water, including the feasibility of partnerships with neighboring public water systems as identified by the applicant or by the Department consistent with its capacity development strategy as described in the February 7, 2001, document entitled Department of Environmental Protection, Drinking Water Section New Systems Capacity Development Program Reference Documents, which is incorporated herein by reference and is available from the Department of Environmental Protection, Drinking Water Section, 2600 Blair Stone Road, Mail Station 3520, Tallahassee, Florida 32399-2400.

(d) Other information believed by the applicant to be pertinent to the application.

(e) A proposed compliance schedule, including the date when each step toward compliance will be achieved.

(f) Explanation of why management or restructuring changes cannot reasonably be made to achieve compliance or improve the quality of the drinking water if compliance cannot be achieved. Before finding that management and restructuring changes cannot be made, the applicant shall consider the following measures and the availability of federal or state financial assistance to implement these measures:

1. Rate increases, accounting changes, the appointment of an operator licensed under Chapter 62-602, F.A.C., and contractual agreements for joint operation with one or more other public water systems,

2. Activities consistent with the Department's capacity development strategy (as described in the document referenced in paragraph (c), above) to help the public water system acquire and maintain technical, financial, and managerial capacity to come into compliance; and,

3. Ownership changes, physical consolidation with another public water system, or other feasible and appropriate means of consolidation that would result in compliance.

(g) A plan for interim control measures during the effective period of the exemption, including a proposed schedule for implementing such measures.

(h) Such other information as needed to demonstrate entitlement to an exemption.

(2) The Department shall grant an exemption when reasonable assurance is provided by the applicant to demonstrate each of the following:

(a) That, due to compelling factors (which may include time, legal, or economic factors), the public water system is unable to comply or to implement measures to develop an alternative source of water supply.

(b) That, the public water system was in operation on the effective date of the maximum contaminant level, maximum residual disinfectant level, or treatment technique requirement from which exemption is sought or, for a system that was not in operation by that date, no reasonable alternative source of drinking water is available to the system.

(c) That granting an exemption will not result in an unreasonable risk to health.

(d) That management or restructuring changes cannot reasonably be made to achieve compliance or improve the quality of the drinking water if compliance cannot be achieved.

(e) That the public water system is taking all practicable steps to comply and that:

1. The system cannot comply without capital improvements that cannot be completed before the applicable compliance date established in Chapter 62-550, F.A.C.,

2. In the case of a system needing financial assistance for necessary improvements, the system has entered into an agreement to obtain such financial assistance, or

3. The system has entered into an enforceable agreement to become part of a regional public water system.

(3) An exemption cannot extend the time indefinitely for compliance with a standard (i.e., a treatment technique requirement, maximum contaminant level, or maximum residual disinfectant level). The proposed compliance schedule shall provide for compliance with the standard as expeditiously as practicable but, in the case of a primary standard, not later than three years after the otherwise applicable compliance date established in Chapter 62-550, F.A.C. In the case of a public water system that serves a population of not more than 3, 300 persons and that needs financial assistance for improvements necessary to comply with a primary standard, an exemption granted under subparagraph (2)(e)1. or 2., above, may be renewed for one or more additional two-year periods, but not more than a total of six additional years, if the public water system establishes that it is continuing to take all practicable steps to comply.

(4) An exemption cannot be obtained from operation, maintenance, monitoring, or reporting requirements.

(5) An exemption cannot be obtained from the following:

(a) The total coliform maximum contaminant level as specified in paragraph 62-550.310(5)(a), F.A.C. (unless the public water system demonstrates that the violation is due to a persistent growth of total coliforms in the distribution system rather than fecal or pathogenic contamination, a treatment lapse or deficiency, or a problem in the operation or maintenance of the distribution system);

(b) The total coliform and E. coli maximum contaminant levels as specified in paragraphs 62-550.310(5)(b) and (d), F.A.C.; (40 C.F.R. § 141.4(a) revised as of July 1, 2014.) This paragraph shall be effective on July 7, 2015.

(c) The disinfection treatment technique requirements applicable to subpart H systems.

(6) Suppliers of water who are granted an exemption under this chapter by the Department shall give notice to customers served consistent with the method of delivery requirements of subsection 62-560.410(3), F.A.C., within 30 days of being granted the exemption, and shall repeat the notice every 3 months while the exemption is in effect. The notice shall contain the following information:

(a) An explanation of the reason(s) for the exemption;

(b) The date on which the exemption was issued;

(c) A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms of the exemption;

(d) A notice of any opportunity for public input in the review of the exemption; and,

(e) The name, business address, and phone number of the water system owner, operator or designee of the public water system as a source of additional information concerning the notice.

Notes

Fla. Admin. Code Ann. R. 62-560.520

Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853(1), (3), 403.854(1), (2), (3) FS.

New 11-19-87, Formerly 17-22.750, Amended 1-18-89, 1-1-93, Formerly 17-560.520, Amended 9-26-95, 11-27-01, 1-17-05, Amended by Florida Register Volume 41, Number 135, July 14, 2015 effective 7/7/2015.

New 11-19-87, Formerly 17-22.750, Amended 1-18-89, 1-1-93, Formerly 17-560.520, Amended 9-26-95, 11-27-01, 1-17-05, 7-7-15.