(1) General Requirements.
    (a) This rule authorizes a general permit for any person constructing or operating a treatment and disposal system for wash water from the packaging of fresh market tomatoes with a wash tank discharging between 5,000 and 50,000 gallons per day, provided that all of the conditions of this rule are met.
    (b) Any tomato wash water disposal system with a wash tank discharging less than 5,000 gallons per day is exempt from the requirement to obtain a Department industrial wastewater permit if:
    1. The disposal of the systems wash water does not cause a violation of any Department standard for surface or ground water quality; and,
    2. Wash water is not discharged directly to surface waters or to ground waters through wells or sinkholes that allow direct contact with Class G-I or Class G-II ground waters.
    (c) Tomato wash water disposal systems discharging greater than 50,000 gallons per day, or systems not otherwise complying with the requirements of this rule, must obtain a standard Department industrial wastewater discharge permit.
    (d) Tomato wash water disposal systems that discharge to publicly or privately owned wastewater treatment facilities permitted by the Department are exempt from Department industrial wastewater permitting and the requirements of this rule.
    (e) This general permit shall be subject to the general conditions of Fl. Admin. Code R. 62-4.540
    (f) The permittee shall complete and submit DEP Form 62-660.900(7), Tomato Wash Water Disposal General Permit Notification Form, effective 1-8-92, which is adopted and incorporated herein by reference, and the information required by that form 30 days before use of this general permit. This form may be obtained by contacting the appropriate district office or by writing the Department of Environmental Protection, Bureau of Water Facilities Planning and Regulation, 2600 Blair Stone Road, MS 3535, Tallahassee, Florida 32399-2400.
    (g) Within 30 days after construction is complete, the engineer of record or another registered professional engineer shall certify to the Department, using DEP Form 62-660.900(2), Industrial Wastewater Facilities Certificate of Completion of Construction, that the permitted construction is complete and usable and was done in accordance with the plans submitted to the Department except when minor deviations were necessary because of site-specific conditions. These deviations and the reasons for them shall be described in detail.
    (h) This general permit does not relieve the permittee of the responsibility for obtaining any other permits required by the Department or any other federal, state, or local agency.
    (2) Definitions. Terms used in this rule shall have the meaning specified below.
    (a) “”Cull tomatoes”” means tomatoes that are removed from the packaging process because of damage or other reasons that make the tomatoes unsuitable for packaging.
    (b) “”Land application site”” means an area of land used for treatment and disposal of wastewater by spray irrigation at predetermined rates necessary to prevent degradation of ground and surface waters.
    (c) “”Shallow water supply well”” means any potable water well which pumps water from an unconfined water table aquifer.
    (d) “”Wash water”” means the water used to clean and transport tomatoes before packaging.
    (e) “”Wash tank”” means a tank used to collect and hold wash water.
    (3) Prohibitions.
    (a) This general permit shall not be valid for tomato canning facilities.
    (b) Runoff from the land application site to surface waters of the state is prohibited from all storm events up to and including a 10-year, 1-hour storm event.
    (4) Pre-treatment Design and Operation Requirements.
    (a) Tomato wash water disposal systems shall include a screening system or a sedimentation system that filters out leaves, twigs, and other floating objects to prevent clogging of the spray nozzles.
    (b) The permittee shall dispose of solids from the screening or sedimentation systems with cull tomatoes or in an approved landfill or solid waste management facility.
    (5) Land Application Site Design Requirements.
    (a) The hydraulic loading rate of the land application site shall be no more than 0.66 inches per day. The hydraulic loading rate shall not cause toxicity to the cover crop.
    (b) At the land application site there shall be a minimum unsaturated depth to the water table of 18 inches during the operational season as determined by soil surveys or by a Professional Engineer or Professional Geologist. If there is not a minimum unsaturated depth of 18 inches, percolation tests shall be conducted at the site to assure that the proposed hydraulic loading rate will not cause ponding and that aerobic conditions will be maintained in the grass cover crop root zone.
    (c) A minimum setback distance of ten feet shall be maintained between the wetted perimeter and the permittee’s property boundary.
    (d) The wetted perimeter shall not be located within 100 feet of shallow water supply wells or Class I surface waters.
    (e) The land application site shall be graded and bermed as necessary to prevent runoff of stormwater resulting from all storm events up to and including a 10-year, 1-hour storm event.
    (f) A minimum of ten spray nozzles shall be used per wetted acre of land. Spray nozzles shall be designed to promote volatilization of the wash water and to minimize spray drift off the land application site.
    (6) Land Application Site Operation and Maintenance Requirements.
    (a) A cover crop of grass shall be maintained at the land application site to aid in maintaining aerobic conditions, promoting the decomposition of waste, and maintaining infiltration rates. The grass cover crop shall be mowed regularly during the operating season to prevent matting of the grass.
    (b) The land application site shall be operated to prevent ponding of the spray wash water.
    (c) Routine maintenance of spray heads, risers, or other distribution equipment shall be performed as needed to ensure optimal operation.
    (7) Record Keeping. The permittee shall keep records of the number of days and the dates of operation of the land application site each year, the volume of wash water disposed of each day, and the amount of tomatoes (in boxes, pounds, or tons) processed each week. The records shall be kept for five years and made available to the Department upon request.
Rulemaking Authority 403.051, 403.814 FS. Law Implemented 120.55, 403.051, 403.061, 403.087, 403.814 FS. History-New 1-8-92, Formerly 17-660.805, Amended 12-24-96.