Terms Used In Florida Regulations 62-550.500

  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
    These general requirements shall apply unless other monitoring or compliance measurement requirements are specified in Rules 62-550.511 through 62-550.540, F.A.C., Rule 62-550.821, F.A.C., Rule 62-550.822, F.A.C. or Rule 62-555.830, F.A.C. This introductory text shall be effective on July 7, 2015.
    (1) The Monitoring Framework. Monitoring by public water systems shall be accomplished within a standardized monitoring framework developed to address the issues of complexity, coordination between various rules, and coordination of monitoring schedules. A compliance cycle is a nine-year period during which all public water systems must monitor. Compliance cycles begin January 1, 2002 and January 1, 2011, and every nine years thereafter. Each compliance cycle is broken down into three three-year compliance periods. For example, the three compliance periods that make up the 2002 through 2010 compliance cycle begin January 1, 2002, January 1, 2005, and January 1, 2008.
    (2) Monitoring Frequencies. Monitoring frequencies for each group of contaminants or disinfectant residuals are specified in Rules 62-550.511 through 62-550.520, F.A.C., plus Rule 62-550.821, F.A.C., and are summarized in Table 7.
    (3) Monitoring Schedule. Each public water system shall monitor at the time designated by this subsection during each compliance cycle and compliance period. Table 8 summarizes when public water systems shall perform initial or routine monitoring.
    (a) Systems that monitor for a contaminant quarterly may do so any time during the quarter, except that samples taken in consecutive quarters shall be taken at least 30 days apart.
    (b) Systems that monitor for a contaminant annually may do so any time during the year, except that samples taken in consecutive years shall be taken at least 90 days apart.
    (c) Systems that monitor for a contaminant every three years shall adhere to the following schedule:
    1. Community water systems which serve more than 3,300 persons shall monitor during the first year of each compliance period.
    2. Community water systems which serve 3,300 or fewer persons shall monitor during the second year of each compliance period.
    3. Non-transient non-community water systems shall monitor during the third year of each compliance period.
    (d) Systems that monitor for a contaminant every six years shall monitor as directed by the Department.
    (e) Systems that monitor for a contaminant every nine years shall monitor during the first three-year compliance period of each nine-year compliance cycle following the same schedule as in paragraph (c) above.
    (f) In the event the population of a small community system increases to more than 3,300 persons, the system shall continue to monitor on the schedule originally prescribed in paragraphs (c) and (d) above for the remainder of the nine-year compliance cycle, At the beginning of the next nine-year compliance cycle, the system shall begin monitoring in the prescribed year according to its then current size or classification.
    (g) Upon request, small community systems and non-transient non-community systems shall be approved to monitor earlier during compliance periods or cycles than required by paragraphs (c) through (e) above.
    (4) Increased Monitoring. When specified by the State Health Officer, the Department shall require more frequent monitoring than specified in this section and shall require confirmation samples results as needed to protect public health.
    (5) Monitoring Locations.
    (a) Ground water systems and subpart H systems shall take a minimum of one sample at every entry point to the distribution system that is representative of each source after treatment (hereafter called a sampling point). The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.
    (b) For purposes of Part V of this chapter, subpart H systems also include systems using a combination of surface water (or ground water under the direct influence of surface water) and ground water not under the direct influence of surface water.
    (c) If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of typical operating conditions (e.g., when water is representative of the sources being used).
    (6) Confirmation Samples. The system shall take confirmation samples whenever a sample exceeds the maximum contaminant level for nitrate or nitrite and whenever an unregulated contaminant is detected. However, a system may take confirmation samples for other inorganic contaminants, organic contaminants, radionuclides, or secondary contaminants. For regulated contaminants, the results of confirmation samples shall be averaged with the first sampling results and the average used for the compliance determination as specified by subsection (7) below. Confirmation samples shall be collected at the same sampling point as soon as possible, but not later than two weeks, after the initial sample was taken. The Department shall delete results of obvious sampling errors from this calculation.
    (7) Measurement of Compliance. Compliance with Rule 62-550.310, F.A.C., shall be determined based on the analytical results obtained at each sampling point. If one sampling point is in violation of an MCL, the system is in violation of the MCL.
    (a) For systems that are taking more than one sample per year, compliance is determined by a running annual average of all samples taken at each sampling point. If the running annual average of any sampling point is greater than the maximum contaminant level, then the system is out of compliance. If the initial sample or a subsequent sample would cause the running annual average to be exceeded, then the system is immediately out of compliance. Any sample results which are below the regulatory detection limit shall be calculated as zero for purposes of determining the running annual average. If a system fails to collect the required number of samples, compliance with the MCL will be based on the total number of samples collected. Systems shall include all samples, taken within a quarter and analyzed under the provisions of this section (even if that number is greater than the minimum required), to obtain an average for the quarter to determine compliance with these rules.
    (b) A system monitoring annually or less frequently for the inorganic contaminants, other than nitrate or nitrite, listed in subsection 62550.310(1), F.A.C., the volatile organic contaminants listed in paragraph 62550.310(4)(a), F.A.C., the synthetic organic contaminants listed in paragraph 62-550.310(4)(b), F.A.C., or the radiological contaminants listed in subsection 62-550.310(6), F.A.C., whose sample result exceeds the maximum contaminant level will not be considered in violation of the maximum contaminant level until it has completed one year of quarterly sampling. If the running annual average of any sampling point is greater than the maximum contaminant level, then the system is out of compliance. If the initial sample or a subsequent sample would cause the running annual average to exceed the maximum contaminant level, then the system is immediately out of compliance. For the purpose of calculating the running annual average, the initial exceedance is considered to be the first quarterly sample. Any sample result that is below the regulatory detection limit shall be calculated as zero for purposes of determining the running annual average. If a system fails to collect the required number of samples, compliance with the MCL will be based on the total number of samples collected. Rule 62-550.512, F.A.C., governs nitrate and nitrite, which are considered acute contaminants.
    (c) The Department shall delete results of obvious sampling or analytic errors.
    (8) Systems Not in Compliance with a Maximum Contaminant Level (MCL) or Maximum Residual Disinfectant Level (MRDL). A system that is not in compliance with an MCL or MRDL shall notify the Department within 48 hours of receiving the results (except for violations of the microbiological, nitrate, or nitrite MCL and acute violations of the MRDL for chlorine dioxide), and notify the public in accordance with Rule 62-560.410, F.A.C.
    (9) Waivers from Monitoring. Systems may request to receive a waiver from the requirement to monitor for organic contaminants pursuant to Rule 62-560.545, F.A.C.
    (10) Reporting the results of analyses. All public water systems shall forward the results of analyses to the Department pursuant to Rule 62-550.730, F.A.C.
    (11) New Systems or Sources. All new systems or systems that use a new source of water shall demonstrate compliance with all maximum contaminant levels. The system shall comply with the initial sampling frequencies as specified in this chapter. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements in this chapter.
Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853(1), (3), 403.859(1), 403.861(16), (17) FS. History—New 11-19-87, Formerly 17-22.300, Amended 1-18-89, 5-7-90, 1-1-93, 1-26-93, 7-4-93, Formerly 17-550.500, Amended 9-7-94, 8-1-00, 11-27-01, 4-14-03, 11-28-04, 12-30-11, 7-7-15.