Fla. Admin. Code Ann. R. 62-6.0151 - Product Composition
(1)
Any product sold or used in the state for use in an onsite sewage treatment and
disposal system shall be in compliance with the requirements of Section
381.0065(4)(m),
F.S. The following criteria shall be used in determining product compliance.
(a) Use of the product shall not result in
violations of Surface Water Quality Rule
62-302.500, F.A.C., effective
5-15-2002, or Groundwater Quality Rules
62-520.400 and
62-520.420, F.A.C., effective
12-9-1996.
(b) The product's
formula itself shall not exceed water quality contaminant concentrations in
Rule 62-302.500, F.A.C., effective
5-15-2002, or Rules 62-520.400 and
62-520.420, F.A.C., effective
12-9-1996.
(c) The product shall
contain no substance in concentrations or amounts that would interfere with or
prevent the successful operation of an onsite sewage treatment and disposal
system.
(2) If the
Department determines an onsite sewage treatment and disposal system product is
not in compliance with the criteria in Rule
62-6.0151, F.A.C., the
Department shall notify the product manufacturer of the items in
non-compliance. The product shall be allowed to be continued for sale and use
in Florida for a maximum of 90 days from date of receipt of notification of
violation. This is to allow the manufacturer an opportunity to exhibit to the
Department that the product satisfactorily complies with the conditions of
Section 381.0065(4)(m),
F.S. and this rule. In attempting to demonstrate compliance with Section
381.0065(4)(m),
F.S. and this rule, the manufacturer shall provide at a minimum the following
information:
(a) A listing of all physical,
chemical, biological or other agents which make up the product and provide
toxicity information for each component. This information shall include trade
names, chemical names, and concentrations of all individual or complexed
components and the Material Safety Data Sheet (MSDS) for the product. Any trade
secret will be treated according to Section
381.83, F.S.
(b) A list of all known, expected, or
possible reactions and by-products resulting from use of the product including
the effect on bacteria, all standard contents of the tank, including sludge
layer; scum layer; fats, oils and greases, and the effects on currently
approved drainfield distribution systems.
(c) Test results from a State or
EPA-certified laboratory demonstrating that use of the product will not result
in violations of surface water or groundwater standards in Rule
62-6.0151, F.A.C. Tests shall be
conducted on the product as sold and the test results shall include:
1. Acute Definitive Toxicity test [96 hour
LC50] according to EPA Methods for Measuring the Acute
Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms
(EPA-821-R-02-012), October 2002, herein incorporated by reference, for
Pimephales promelas (fathead minnow) or any of the following
species: Ceriodaphnia dubia (daphnid), Cyprinella
leedsi (bannerfin shiner), Daphnia pulex and
Daphnia magna (daphnids). The 96-hour
LC50 shall be reported as a concentration in mg/l or
ml/l, and;
2. Chemical analysis
showing the concentrations of Volatile Organic Compounds [EPA 8260] to a
minimum detection level of 0.5 ug/L (ppb).
(d) A description of the anticipated use of
the product in onsite sewage treatment and disposal systems. Where and how the
product is to be applied, any exceptions to application guidelines, the
frequency of applications, who is allowed to perform the applications, and the
amount and concentration of product per application shall be included in the
product description. When the product should not be used shall also be included
in the description. The information provided shall include the manufacturer's
recommended application rate of the product as it appears on the product label.
Unless the product label provides other specifications, the Department, for
purposes of this evaluation, assumes that the application rate will be applied
to a flow of 300 gallons per day into a 1, 000-gallon septic tank.
(e) All studies done on the use of the
product which support or disputes the information required in Rule
62-6.0151, F.A.C., and which
demonstrates the product will not harm public health or the environment and
will not impair system components and functioning. Monitoring reports and data
from systems in use shall be provided if available.
(f) A signed and dated certification by the
manufacturer that states: "I certify under penalty of law that these documents
and all attachments, to the best of my knowledge and belief, are true, accurate
and complete, and represent all available data for [name of product or
products]."
(g) Scientific
documentation demonstrating claimed benefits occurring due to the use of the
product.
(3) If the
Department determines that the product does not comply with the provisions of
Section 381.0065(4)(m),
F.S., the Department shall stop the sale of the product or take other actions
deemed necessary to preclude the sale and use of the non-compliant
product.
Notes
Rulemaking Authority 381.0065(4)(m) FS. Law Implemented 381.0065(4)(m), 381.0066 FS.
New 3-22-00, Amended 5-24-04, 6-25-09, Formerly 64E-6.0151.
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