Fla. Admin. Code Ann. R. 62-611.600 - Permitting Requirements
(1) Any
person who intends to discharge reclaimed water to wetlands shall file an
application to construct a domestic wastewater treatment and disposal
system(s), or file a petition for an exemption pursuant to Rule
62-600.120, F.A.C., with a
permit application. Such an application shall be filed using form
62-620.910(16),
F.A.C. The applicant must receive such a permit before construction of the
wastewater facilities, or for existing wastewater facilities before
construction of the modifications for discharge to wetlands. Management
practices proposed by the applicant for the treatment of receiving wetland
shall be included in the permit application and must be approved by the
Department before implementation. In addition to meeting the requirements of
this section, the applicant shall comply with all other applicable rules of the
Department.
(2) Any person who has
a Department permit to discharge to wetlands pursuant to Rule
62-600.120, F.A.C., shall not be
regulated pursuant to Chapter 62-611, F.A.C., unless the wastewater treatment
plant is modified or expanded, or the point of discharge is relocated. After
the initial period of operation under a permit and exemption issued pursuant to
Rule 62-600.120, F.A.C., the
permittee may obtain an operation permit upon demonstration that all permit and
exemption conditions and the provisions of Rule
62-600.120, F.A.C., are being
met and the discharge does not cause or contribute to violations of water
quality standards contained in Chapter 62-302, F.A.C., in contiguous and
downstream waters.
(3) All other
dischargers of reclaimed water to wetlands within the Department's
jurisdiction, permitted prior to May 1, 1986, if complying with the conditions
of the permit, shall comply with the provisions of this section or comply with
all applicable water quality standards, by May 1, 1991. The Department may
consider modifications from baseline and operational monitoring requirements
for these dischargers.
(4) The
applicant shall obtain sufficient legal interest in the treatment or receiving
wetland to provide reasonable assurance that the treatment or receiving
capability will not be adversely affected. Documentation of this legal interest
shall be submitted to the Department with the application to construct a
domestic wastewater treatment and disposal system.
(5) The Department shall consider the adverse
effects of dredging or filling on the treatment or receiving wetland. Minor
dredging and filling which is associated with the construction of the discharge
pipe(s) or spreader system or which is necessary for the installation of
platforms or gauges for monitoring shall be reviewed as part of the application
to construct a domestic wastewater treatment and disposal system. In reviewing
any other dredge and fill permit application the Department shall apply the
permitting criteria of subsection
373.414(1),
F.S., to contiguous and downstream waters and the treatment or receiving
wetland. The permitting criteria of subsection 403.918(1), F.S., shall apply to
contiguous and downstream waters and the treatment or receiving wetland except
that the water quality criteria in subsection
62-611.500(1),
F.A.C., shall not apply in the treatment or receiving wetland and the water
quality criteria in paragraph
62-302.530(48)(b),
F.A.C., shall not apply in hydrologically altered treatment wetlands. The
Department shall make all reasonable attempts to evaluate the dredge and fill
permit application concurrently with the application to construct a domestic
wastewater treatment and disposal system.
(6) The applicant shall provide the
Department with reasonable assurances that public access to a treatment or
receiving wetland shall be restricted unless high level disinfection is
provided. Such reasonable assurances may include, but shall not be limited to
posting of signs at regular intervals around the boundary of the treatment
wetland and posting and gating all access roads to the treatment wetland, or
similar restrictions.
Notes
Rulemaking Authority 403.061, 373.414(4) FS. Law Implemented 403.051, 403.061, 403.085, 403.086, 403.087, 403.088, 373.414(4) FS.
New 11-27-89, Formerly 17-611.600, Amended 12-26-96.
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