Fla. Admin. Code Ann. R. 62-610.521 - Setback Distances

(1) The permittee shall maintain setback distances between the wetted site area subject to land application and surface waters and potable water supply wells to ensure compliance with water quality and drinking water standards, and to protect the public health, safety and welfare. All systems shall be designed to minimize adverse effects resulting from noise, lighting, aerosol drift, and odors. Adequate site area shall be provided for operation and maintenance, and for controlling emergency discharges.

(2) A setback distance of 500 feet shall be provided from the edge of the rapid infiltration basin, percolation pond, basin, or trench embankments, or from the edge of an absorption field to potable water supply wells that are existing or have been approved by the Department or by the Department of Health (but not yet constructed); Class I surface waters; or Class II surface waters. The setback distance to Class I and II surface waters shall be reduced to 100 feet if high-level disinfection is provided. Setback distance requirements apply to all Class II waters, regardless of Department classification (such as open, closed, approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified). The setback distance to potable water supply wells, which are not potable water wells, as described in Rule 62-521.200, F.A.C., shall be reduced to 200 feet if all of the following requirements are met:

(a) Class I reliability is provided in accordance with subsection 62-610.462(1), F.A.C.;

(b) High-level disinfection is provided; and,

(c) The applicant provides information in the engineering report dealing with soils, hydrogeologic conditions, the depth and casing characteristics of such wells, proposed hydraulic loading rates, quality of reclaimed water, and expected travel time of the ground water to the potable water supply wells that provides reasonable assurance that applicable water quality standards will not be violated at the point of withdrawal.

(3) No setback distance is required to any nonpotable water supply well.

(4) Setback distances for potable water supply wells shall be applied only for new or expanded reuse facilities. Setback distances shall not be applied when considering renewal of a permit.

(5) Minimum setback distances to other classes of surface waters shall be sufficient to provide reasonable assurance of compliance with applicable water quality standards.

(6) A setback distance of at least 100 feet shall be maintained from the edge of the rapid infiltration basins, percolation pond, basin, or embankments, or absorption field to buildings that are not part of the treatment facility, utilities system, or municipal operations; or to the site property line.

(a) This on-site setback distance shall be reduced to 50 feet if the following requirements are met:

1. The reuse site is adjacent to a right-of-way,

2. The engineering report demonstrates that operation of the reuse system, including ground water mounding, will not adversely affect the intended use of the right-of-way; and,

3. Information in the engineering report dealing with soils, hydrogeologic conditions, proposed hydraulic loading rates, quality of reclaimed water, and expected travel time of ground water to the site property line provides reasonable assurance that applicable water quality standards will not be violated.

(b) This onsite setback distance shall be reduced to 25 feet if high-level disinfection is provided in addition to the requirements of paragraph 62-610.521(6)(a), F.A.C.

(c) This on-site setback distance shall be reduced to 50 feet if the following requirements are met:

1. High-level disinfection is provided; and,

2. Information in the engineering report dealing with soils, hydrogeologic conditions, proposed hydraulic loading rates, quality of reclaimed water, and expected travel time of ground water to the site property line provides reasonable assurance that applicable water quality standards will not be violated.

(7) A 100-foot setback distance shall be provided from a reclaimed water transmission facility to a public water supply well and surface water intakes for a potable water supply. No setback distance is required to other potable water supply wells or to nonpotable water supply wells.

(8) The minimum setback distances described above shall only be used if, based on review of the soils and hydrogeology of the area, the proposed hydraulic loading rate, quality of the reclaimed water, expected travel time of the ground water to the potable water supply wells and surface waters, and similar considerations, there is reasonable assurance that applicable water quality standards will not be violated.

(9) For rapid infiltration basins, percolation ponds, basins, unlined storage ponds, and trenches, setback distances shall be measured beginning at the inside top of the berm surrounding the pond. For absorption fields, setback distances shall be measured from the outer-most edge of the absorption field trench.

(10) A 500-foot setback distance shall be provided from new unlined storage ponds to potable water wells, as described in Rule 62-521.200, F.A.C., and surface water intakes for a potable water supply.

(11) Unless specifically stated otherwise, all setback distances shall be measured horizontally.

Notes

Fla. Admin. Code Ann. R. 62-610.521

Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS.

New 4-4-89, Amended 4-2-90, Formerly 17-610.521, Amended 1-9-96, 8-8-99, Amended by Florida Register Volume 47, Number 051, March 16, 2021 effective 4/1/2021, Amended by Florida Register Volume 51, Number 028, February 11, 2025 effective 2/26/2025.

New 4-4-89, Amended 4-2-90, Formerly 17-610.521, Amended 1-9-96, 8-8-99, 4-1-21.