Florida Regulations 62-520.520: Exemptions from Secondary Drinking Water Standards Outside a Zone of Discharge in Class G-II Ground Water
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(1) An existing installation discharging to Class G-II ground water is exempt from compliance with secondary drinking water standards unless the Department determines that compliance with one or more secondary standards by such installation is necessary to protect ground water used or reasonably likely to be used as a potable water source. Such determination shall be based upon:
(a) A determination that the portion of the aquifer(s) reasonably likely to be affected by the discharge:
1. Is used as a potable water source, or
2. Is identified in a planning document as a future potable water source by a state agency, water management district, regional water supply authority, or local government, and is reasonably likely to be used as such.
(b) A site specific hydrogeologic characterization of the receiving aquifer which defines:
1. Direction and rate of ground water flow; and,
2. Depth and degree of confinement.
(c) A waste stream characterization, site specific hydrogeologic characterization, and review of monitoring data which demonstrates that the discharge is likely to cause a violation of one or more secondary standards outside the zone of discharge in:
1. The portion of the receiving aquifer identified in subparagraph (a)2., above, or
2. A known public or private potable water supply well.
(2) The permittee can avoid the application of one or more secondary standards upon an affirmative demonstration that the economic, social, and environmental costs outweigh the economic, social and environmental benefits of compliance; provided, however, that such demonstration shall not operate to relieve the permittee from compliance with subsection (6), below.
(3) Upon permit renewal the Department shall review available data to determine the need for compliance with secondary standards.
(4) Upon determination by the Department that an existing installation must comply with one or more secondary standards, the Department shall revoke the exemption and require compliance or corrective action considering the factors in subsection 62-520.700(2), F.A.C. Such revocation shall be included in an appropriate Department permit as a specific condition after February 1, 1988.
(5) Secondary drinking water standards constituents may be included as waste characterization, monitoring, and indicator parameters as specified by permit.
(6) All installations discharging to Class G-II ground water are prohibited from causing a violation of the secondary drinking water standards at any private or public water supply well outside the zone of discharge.
(7) Failure of an existing installation to submit monitoring data to the Department as required pursuant to any permit addressing ground water shall be a basis for removal of that installation’s secondary standards exemption. The installation may regain such exemption at such time as it can demonstrate compliance with monitoring requirements, unless removal of the exemption is otherwise authorized pursuant to this rule.
(8) Existing cooling ponds approved by the Department for treatment of thermal discharges to surface water as defined in Fl. Admin. Code R. 62-302.520, are exempt from secondary standards so long as the cooling pond waters are monitored pursuant to Department permit to ensure that the pond does not impair the designated use of contiguous ground waters and surface waters. In addition, the Department may order such monitoring of ground waters as may be reasonably necessary to ensure that the designated use of affected ground waters and surface waters is not impaired.
Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History-New 9-8-92, Formerly 17-520.520, Amended 7-12-09.
(a) A determination that the portion of the aquifer(s) reasonably likely to be affected by the discharge:
1. Is used as a potable water source, or
2. Is identified in a planning document as a future potable water source by a state agency, water management district, regional water supply authority, or local government, and is reasonably likely to be used as such.
(b) A site specific hydrogeologic characterization of the receiving aquifer which defines:
1. Direction and rate of ground water flow; and,
2. Depth and degree of confinement.
(c) A waste stream characterization, site specific hydrogeologic characterization, and review of monitoring data which demonstrates that the discharge is likely to cause a violation of one or more secondary standards outside the zone of discharge in:
1. The portion of the receiving aquifer identified in subparagraph (a)2., above, or
2. A known public or private potable water supply well.
(2) The permittee can avoid the application of one or more secondary standards upon an affirmative demonstration that the economic, social, and environmental costs outweigh the economic, social and environmental benefits of compliance; provided, however, that such demonstration shall not operate to relieve the permittee from compliance with subsection (6), below.
(3) Upon permit renewal the Department shall review available data to determine the need for compliance with secondary standards.
(4) Upon determination by the Department that an existing installation must comply with one or more secondary standards, the Department shall revoke the exemption and require compliance or corrective action considering the factors in subsection 62-520.700(2), F.A.C. Such revocation shall be included in an appropriate Department permit as a specific condition after February 1, 1988.
(5) Secondary drinking water standards constituents may be included as waste characterization, monitoring, and indicator parameters as specified by permit.
(6) All installations discharging to Class G-II ground water are prohibited from causing a violation of the secondary drinking water standards at any private or public water supply well outside the zone of discharge.
(7) Failure of an existing installation to submit monitoring data to the Department as required pursuant to any permit addressing ground water shall be a basis for removal of that installation’s secondary standards exemption. The installation may regain such exemption at such time as it can demonstrate compliance with monitoring requirements, unless removal of the exemption is otherwise authorized pursuant to this rule.
(8) Existing cooling ponds approved by the Department for treatment of thermal discharges to surface water as defined in Fl. Admin. Code R. 62-302.520, are exempt from secondary standards so long as the cooling pond waters are monitored pursuant to Department permit to ensure that the pond does not impair the designated use of contiguous ground waters and surface waters. In addition, the Department may order such monitoring of ground waters as may be reasonably necessary to ensure that the designated use of affected ground waters and surface waters is not impaired.
Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History-New 9-8-92, Formerly 17-520.520, Amended 7-12-09.