Fla. Admin. Code Ann. R. 62-565.650 - General Conditions for All Permits

(1) The permittee shall, at all times, properly operate and maintain the Advanced Treatment Water Facility (ATWF) and systems of treatment and control, and related appurtenances, that are installed and used by the permittee to achieve compliance with the conditions of this permit. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to maintain or achieve compliance with the conditions of the permit.

(2) The permittee shall provide an operation and maintenance manual in accordance with Rule 62-565.590, F.A.C.

(3) Any residuals generated by the ATWF, or associated processes shall be disposed of in a landfill in accordance with Chapter 62-701, F.A.C., incinerated in accordance with Chapter 62-200 Series, F.A.C., or transported to another treatment facility for disposal in accordance with other applicable Department rules.

(4) The permittee shall maintain the following records on-site at the ATWF, unless the permit specifically indicates an alternative location, and make them available for inspection:

(a) Records of all compliance monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, including, if applicable, a copy of the laboratory certification showing the certification number of the laboratory, for at least five years from the date the sample or measurement was taken;

(b) Copies of all reports required by the permit for at least five years from the date the report was prepared;

(c) Records of all data, including reports and documents, used to complete the application for the permit for at least five years from the date the application was filed;

(d) A copy of the current Joint Operations Plan;

(e) A copy of the current permit;

(f) A copy of the current operation and maintenance manual;

(g) A copy of required record drawings;

(h) Copies of the licenses of the current licensed operators; and,

(i) Copies of the logs and schedules showing plant operations and equipment maintenance for five years from the date on the logs or schedules.

(5) In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data, and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except as such use is proscribed by Section 403.111, F.S., or subsection 62-565.100(5), F.A.C.

(6) The terms, conditions, requirements, limitations, and restrictions set forth in this permit are binding and enforceable pursuant to Chapter 403, F.S. Any permit noncompliance constitutes a violation of Chapter 403, F.S., and is grounds for enforcement action, permit termination, permit revocation and reissuance, or permit revision.

(7) This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit constitutes grounds for revocation and enforcement action by the Department.

(8) As provided in Section 403.087(8), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor authorize any infringement of federal, state, or local laws or regulations. This permit is not a waiver or approval of any other Department permit or authorization that may be required for other aspects of the total project which are not addressed in this permit.

(9) This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title.

(10) This permit does not relieve the permittee from liability and penalties for harm or injury to human health or welfare, animal or plant life, or property caused by the construction or operation of this permitted source; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. The permittee shall take all reasonable steps to minimize or prevent any discharge, reuse of reclaimed water, or residuals disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

(11) If the permittee wishes to continue an activity regulated by this permit after its expiration date, the permittee shall apply for and obtain a new permit.

(12) The permittee shall apply for a revision to the ATWF permit in accordance with Rules 62-565.600 and 62-565.610, F.A.C., at least 90 days before construction of any planned substantial modifications to the permitted facility is to commence or with Rule 62-565.610, F.A.C., for minor modifications to the permitted facility.

(13) This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

(14) This permit is transferable only upon Department approval in accordance with Rule 62-565.620, F.A.C. The permittee shall be liable for any noncompliance of the permitted activity until the transfer is approved by the Department.

(15) The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of an ATWF or connected facilities and shall specify what steps will be taken to safeguard public health and safety during and following inactivation or abandonment.

(16) The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, including an authorized representative of the Department, when applicable, upon presentation of credentials or other documents as may be required by law, and at reasonable times, depending upon the nature of the concern being investigated, to:

(a) Enter upon the permittee's premises where a regulated facility, system, or activity is located or conducted, or where records shall be kept under the conditions of this permit;

(b) Have access to and copy any records that shall be kept under the conditions of this permit;

(c) Inspect the facilities, equipment, practices, or operations regulated or required under this permit; and,

(d) Sample or monitor any substances or parameters at any location necessary to assure compliance with this permit or Department rules.

(17) The permittee, in accepting this permit, agrees to pay the applicable regulatory program and surveillance fee in accordance with Rule 62-4.052, F.A.C.

(18) Bypass Provisions.

(a) Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless the permittee affirmatively demonstrates that:

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and,

2. There were no feasible alternatives to the bypass, including the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and,

3. The permittee submitted notices as required under paragraph (18)(b) of this permit.

(b) If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the Department, if possible, at least 10 days before the date of the bypass. The permittee shall submit notice of an unanticipated bypass within 24 hours of learning about the bypass as required in subsection (18), of this permit. A notice shall include a description of the bypass and its cause; the period of the bypass, including exact dates and times; if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass.

(c) The Department shall approve an anticipated bypass, after considering its adverse effect, if the permittee demonstrates that it will meet the three conditions listed in subparagraphs (18)(a)1. through 3., of this rule.

(d) A permittee may allow any bypass to occur which does not cause reclaimed water or advanced treated water limitations to be exceeded if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subparagraphs (18)(a)1. through 3., of this rule.

(19) Upset Provisions.

(a) A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

1. An upset occurred, and that the permittee can identify the cause(s) of the upset,

2. The permitted facility was at the time being properly operated, and

3. The permittee complied with any remedial measures required under subsection (10), of this permit.

(b) In any enforcement proceeding, the burden of proof for establishing the occurrence of an upset rests with the permittee.

(c) Before an enforcement proceeding is instituted, no representation made during the Department review of a claim that noncompliance was caused by an upset is final agency action subject to judicial review.

(d) Reclaimed water resulting from an upset shall be considered off-spec water. It shall be diverted to the off-spec water storage area in accordance with Rule 62-565.520, F.A.C.

(20) When requested by the Department, the permittee shall within thirty days provide any information required by law which is needed to determine whether there is cause for revising, revoking and reissuing, or terminating this permit, or to determine compliance with the permit. The permittee shall also provide to the Department upon request copies of records required by this permit to be kept. If the permittee becomes aware of relevant facts that were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be promptly submitted within thirty days of discovery, or corrections promptly reported to the Department within thirty days of implementation. For the purposes of this section an applicant may request additional time to provide the required information where good cause, as outlined in paragraph 62-565.610(1)(b), F.A.C., is shown.

(21) Unless specifically stated otherwise in Department rules, the permittee, in accepting this permit, agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance, in accordance with the provisions of section 403.151, F.S.; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules.

(22) The permittee shall give notice to the Department a minimum of 30 days prior to any planned changes, in the permitted ATWF which may result in noncompliance with permit requirements. The permittee shall be responsible for any and all damages which may result from the changes and may be subject to enforcement action by the Department for penalties or revocation of this permit. The notice shall include the following information:

(a) A description of the anticipated noncompliance;

(b) The period of the anticipated noncompliance, including dates and times; and,

(c) Steps being taken to prevent future occurrence of the noncompliance.

(23) The permit shall only be valid for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit constitutes grounds for revocation and enforcement action by the Department.

(24) Reopener clause. After notice and, if requested, an administrative hearing pursuant to Section 120.57, F.S., the permit may be revised or revoked and reissued if statutes, rules, or standards, including toxicity standards or prohibitions require the revision of permit conditions.

Notes

Fla. Admin. Code Ann. R. 62-565.650

Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS.

Adopted by Florida Register Volume 51, Number 028, February 11, 2025 effective 2/26/2025.