Florida Regulations 62-520.400: Minimum Criteria for Ground Water
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(1) All ground water shall at all places and at all times be free from domestic, industrial, agricultural, or other man-induced non-thermal components of discharges in concentrations which, alone or in combination with other substances, or components of discharges (whether thermal or non-thermal):
(a) Are harmful to plants, animals, or organisms that are native to the soil and responsible for treatment or stabilization of the discharge relied upon by Department permits, or
(b) Are carcinogenic, mutagenic, teratogenic, or toxic to human beings, unless specific criteria are established for such components in Fl. Admin. Code R. 62-520.420, or
(c) Are acutely toxic within surface waters affected by the ground water, or
(d) Pose a serious danger to the public health, safety, or welfare, or
(e) Create or constitute a nuisance, or
(f) Impair the reasonable and beneficial use of adjacent waters.
(2) The minimum criteria shall not apply to Class G-IV ground water, unless the Department determines there is a danger to the environment, public health, safety or welfare.
(3) The following procedures shall apply in the implementation of paragraph (1)(b), above:
(a) The Secretary is authorized to make determinations, in individual permitting or enforcement proceedings, that a particular level for a substance is a prohibited concentration in violation of a minimum criterion pursuant to paragraph (1)(b), above. This determination may not be delegated to Department districts.
(b) Any notice of proposed agency action published pursuant to Fl. Admin. Code R. 62-110.106, which contains such a determination shall include notification of the particular substance and prohibited concentration level being proposed. The notice shall be submitted to the Florida Administrative Register at the time it is sent to the permit applicant for publication.
(c) The Department shall notify the Commission semiannually of every application of a determination to a discharger made by the Secretary during the preceding six months pursuant to paragraph (a), above, for any constituent and concentration level not adopted by the Commission as a rule. The notification shall identify the discharger(s) to whom the application of a determination has been made, the type of industry, the constituent and concentration level set and a summary of the basis for the determination. At the written request of the Commission or any substantially affected member of the public, the Department shall, within 120 days of the written request, submit to the Florida Administrative Register a notice of rulemaking pursuant to Florida Statutes § 120.54, on the determination for the particular constituent and concentration level that is the subject of a notification in the preceding sentence.
(d) The application of the determination under paragraph (a), to the permittee or to other affected dischargers shall be subject to:
1. Modification where necessary to conform to any final rulemaking action of the Commission under paragraph (c), above, or
2. Withdrawal if the Commission elects not to adopt a corresponding rule after initiation of rulemaking for the constituent under paragraph (c), above.
(e) The notice procedures contained in subsection (3), shall not act as a stay of Department enforcement proceedings.
(f) Once a particular standard for a criterion is established by the Commission, it shall be listed in this section.
Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061 FS. History-Formerly 17-3.051, Amended and Renumbered 1-1-83, Formerly 17-3.402, Amended 9-8-92, 4-14-94, Formerly 17-520.400.
(a) Are harmful to plants, animals, or organisms that are native to the soil and responsible for treatment or stabilization of the discharge relied upon by Department permits, or
(b) Are carcinogenic, mutagenic, teratogenic, or toxic to human beings, unless specific criteria are established for such components in Fl. Admin. Code R. 62-520.420, or
(c) Are acutely toxic within surface waters affected by the ground water, or
(d) Pose a serious danger to the public health, safety, or welfare, or
(e) Create or constitute a nuisance, or
(f) Impair the reasonable and beneficial use of adjacent waters.
(2) The minimum criteria shall not apply to Class G-IV ground water, unless the Department determines there is a danger to the environment, public health, safety or welfare.
(3) The following procedures shall apply in the implementation of paragraph (1)(b), above:
(a) The Secretary is authorized to make determinations, in individual permitting or enforcement proceedings, that a particular level for a substance is a prohibited concentration in violation of a minimum criterion pursuant to paragraph (1)(b), above. This determination may not be delegated to Department districts.
(b) Any notice of proposed agency action published pursuant to Fl. Admin. Code R. 62-110.106, which contains such a determination shall include notification of the particular substance and prohibited concentration level being proposed. The notice shall be submitted to the Florida Administrative Register at the time it is sent to the permit applicant for publication.
(c) The Department shall notify the Commission semiannually of every application of a determination to a discharger made by the Secretary during the preceding six months pursuant to paragraph (a), above, for any constituent and concentration level not adopted by the Commission as a rule. The notification shall identify the discharger(s) to whom the application of a determination has been made, the type of industry, the constituent and concentration level set and a summary of the basis for the determination. At the written request of the Commission or any substantially affected member of the public, the Department shall, within 120 days of the written request, submit to the Florida Administrative Register a notice of rulemaking pursuant to Florida Statutes § 120.54, on the determination for the particular constituent and concentration level that is the subject of a notification in the preceding sentence.
(d) The application of the determination under paragraph (a), to the permittee or to other affected dischargers shall be subject to:
1. Modification where necessary to conform to any final rulemaking action of the Commission under paragraph (c), above, or
2. Withdrawal if the Commission elects not to adopt a corresponding rule after initiation of rulemaking for the constituent under paragraph (c), above.
(e) The notice procedures contained in subsection (3), shall not act as a stay of Department enforcement proceedings.
(f) Once a particular standard for a criterion is established by the Commission, it shall be listed in this section.
Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061 FS. History-Formerly 17-3.051, Amended and Renumbered 1-1-83, Formerly 17-3.402, Amended 9-8-92, 4-14-94, Formerly 17-520.400.