That the increased volume of fresh water contributed by the reclaimed water product will seriously alter the natural fresh-salt water balance of the receiving water after reasonable opportunity for mixing. Require more stringent effluent limitations;. Order the point or method of discharge changed;. Limit the duration or volume of the discharge; or.
Prohibit the discharge only if no other alternative is in the public interest. All of the facilities covered in paragraph 1 c shall be required to meet the standards set forth in subsections 4 and 5. The backup discharge shall be limited to 30 percent of the permitted reuse capacity on an annual basis. Backup discharges may occur during periods of reduced demand for reclaimed water in the reuse system. Wet weather discharges as provided in s. The presumption of the allowability of a backup discharge may be overcome only by a demonstration that one or more of the following conditions is present: The discharge will be to an Outstanding Florida Water, except as provided in chapter , Laws of Florida;.
The increased volume of fresh water contributed by a backup discharge will seriously alter the natural freshwater to saltwater balance of receiving waters after reasonable opportunity for mixing;. The discharge will be to a water body having a pollutant load reduction goal established by a water management district or the department, and the discharge will cause or contribute to a violation of the established goal;. The discharge fails to meet the requirements of the antidegradation policy contained in department rules; or.
The discharge will be to waters that the department determines require more stringent nutrient limits than those set forth in subsection 4. The department shall establish rules that determine when backflow prevention devices on potable water lines are necessary and when such devices are not necessary.
The Legislature also finds that discharge of domestic wastewater through ocean outfalls compromises the coastal environment, quality of life, and local economies that depend on those resources.
The Legislature declares that more stringent treatment and management requirements for such domestic wastewater and the subsequent, timely elimination of ocean outfalls as a primary means of domestic wastewater discharge are in the public interest. Each domestic wastewater ocean outfall shall be limited to the discharge capacity specified in the department permit authorizing the outfall in effect on July 1, , which discharge capacity shall not be increased. Maintenance of existing, department-authorized domestic wastewater ocean outfalls and associated pumping and piping systems is allowed, subject to the requirements of this section.
The department is directed to work with the United States Environmental Protection Agency to ensure that the requirements of this subsection are implemented consistently for all domestic wastewater facilities in the state which discharge through ocean outfalls. The department shall establish the average baseline loadings of total nitrogen and total phosphorus for each outfall using monitoring data available for calendar years through and establish required loading reductions based on this baseline.
The baseline loadings and required loading reductions of total nitrogen and total phosphorus shall be expressed as an average annual daily loading value. Flows diverted from facilities to other facilities that provide percent reuse of the diverted flows before December 31, , are considered to contribute to meeting the reuse requirement. For utilities operating more than one outfall, the reuse requirement may be apportioned between the facilities served by the outfalls, including flows diverted to other facilities for percent reuse before December 31, Utilities that shared a common ocean outfall for the discharge of domestic wastewater on July 1, , regardless of which utility operates the ocean outfall, are individually responsible for meeting the reuse requirement and may enter into binding agreements to share or transfer such responsibility among the utilities.
If treatment in addition to the advanced wastewater treatment and management requirements described in paragraph b is needed to support a functioning reuse system, the treatment must be fully operational by December 31, If a facility that discharges through an ocean outfall contracts with another utility to install a functioning reuse system, the department must approve any apportionment of the reuse generated from the new or expanded reuse system that is intended to satisfy all or a portion of the reuse requirements pursuant to subparagraph 1.
If a contract is between two utilities that have reuse requirements pursuant to subparagraph 1. A utility shall provide the department a copy of any contract with another utility that reflects an agreement between the utilities which is subject to the requirements of this subparagraph. Except as otherwise provided in this subsection, a backup discharge may occur only during periods of reduced demand for reclaimed water in the reuse system, such as periods of wet weather, or as the result of peak flows from other wastewater management systems, and must comply with the advanced wastewater treatment and management requirements of paragraph b.
If peak flow backup discharges are in compliance with the effluent limitations, the discharges are deemed to meet the advanced wastewater treatment and management requirements of this subsection. A detailed plan to meet the requirements of this subsection, including the identification of the technical, environmental, and economic feasibility of various reuse options; the identification of each land acquisition and facility necessary to provide for reuse of the domestic wastewater; an analysis of the costs to meet the requirements, including the level of treatment necessary to satisfy state water quality requirements and local water quality considerations and a cost comparison of reuse using flows from ocean outfalls and flows from other domestic wastewater sources; and a financing plan for meeting the requirements, including identifying any actions necessary to implement the financing plan, such as bond issuance or other borrowing, assessments, rate increases, fees, other charges, or other financing mechanisms.
The plan must evaluate reuse demand in the context of future regional water supply demands, the availability of traditional water supplies, the need for development of alternative water supplies, the degree to which various reuse options offset potable water supplies, and other factors considered in the Lower East Coast Regional Water Supply Plan of the South Florida Water Management District. The plan must include a detailed schedule for the completion of all necessary actions and be accompanied by supporting data and other documentation.
The plan must be submitted by July 1, By July 1, , an update of the plan required in subparagraph 1. The report shall include the detailed schedule for and status of the evaluation of reuse and disposal options, preparation of preliminary design reports, preparation and submittal of permit applications, construction initiation, construction progress milestones, construction completion, initiation of operation, and continuing operation and maintenance.
In the report, the department shall summarize progress to date, including the increased amount of reclaimed water provided and potable water offsets achieved, and identify any obstacles to continued progress, including all instances of substantial noncompliance. Reuse by the diverting entity of the diverted flows shall be credited to the diverting entity.
The Legislature also finds that the only practical and cost-effective way to fundamentally improve wastewater management in the Florida Keys is for the local governments in Monroe County, including those special districts established for the purpose of collection, transmission, treatment, or disposal of sewage, to timely complete the wastewater or sewage treatment and disposal facilities initiated under the work program of Administration Commission rule , Florida Administrative Code, and the Monroe County Sanitary Master Wastewater Plan, dated June The Legislature therefore declares that the construction and operation of comprehensive central wastewater systems in accordance with this subsection is in the public interest.
To give effect to those findings, the requirements of this subsection apply to all domestic wastewater facilities in Monroe County, including privately owned facilities, unless otherwise provided under this subsection. The required facilities and connections, and any additional facilities or other adjustments required by rules adopted by the Administration Commission under s. Domestic wastewater facilities located outside local government and special district service areas must meet the treatment and disposal requirements of this subsection by December 31, Greater than or equal to , gallons per day must provide basic disinfection as defined by department rule and the level of treatment which, on a permitted annual average basis, produces an effluent that contains no more than the following concentrations: Less than , gallons per day must provide basic disinfection as defined by department rule and the level of treatment which, on a permitted annual average basis, produces an effluent that contains no more than the following concentrations: If the design capacity of the facility is less than 1 million gallons per day, the injection well must be at least 90 feet deep and cased to a minimum depth of 60 feet or to such greater cased depth and total well depth as may be required by department rule.
Except as provided in subparagraph 3. If an injection well is used as a backup to a primary injection well, the following conditions apply: The backup well may be used only when the primary injection well is out of service because of equipment failure, power failure, or the need for mechanical integrity testing or repair;. The backup well may not be used for more than a total of hours during any 5-year period unless specifically authorized in writing by the department;.
The backup well must be at least 90 feet deep and cased to a minimum depth of 60 feet, or to such greater cased depth and total well depth as may be required by department rule; and. Fluid injected into the backup well must meet the requirements of paragraph d. Class I injection wells as defined by department rule, including any authorized mechanical integrity tests;.
Authorized mechanical integrity tests associated with Class V wells as defined by department rule; or. The following types of reuse systems authorized by department rule: Slow-rate land application systems;.
Industrial uses of reclaimed water; and. Use of reclaimed water for toilet flushing, fire protection, vehicle washing, construction dust control, and decorative water features.
Wastewater operating permits issued pursuant to this chapter and in effect for these facilities as of June 30, , are extended until December 31, , or until the facility is connected to a local government central wastewater system, whichever occurs first. Wastewater treatment facilities in operation after December 31, , must comply with the treatment and disposal requirements of this subsection and department rules.
Funds received from other sources provided for in law, the General Appropriations Act, from gifts designated for implementation of the plan from individuals, corporations, or other entities, or federal funds appropriated by Congress for implementation of the plan, may be deposited into an account of the Water Quality Assurance Trust Fund.
In no event shall a permit for a water pollution source be issued for a term of more than 10 years, nor may an operation permit issued after July 1, , for a major source of air pollution have a fixed term of more than 5 years.
However, upon expiration, a new permit may be issued by the department in accordance with this chapter and the rules of the department. However, separate construction permits shall not be required for installations permitted under s. The department may also require the engineer of record or another registered professional engineer, within 30 days after construction is complete, to certify that the construction was completed in accordance with the plans submitted to the department, noting minor deviations which were necessary because of site-specific conditions.
The department shall review the fees authorized under this chapter at least once every 5 years and shall adjust the fees upward, as necessary, within the fee caps established in this paragraph to reflect changes in the Consumer Price Index or similar inflation indicator.
The department shall establish by rule the inflation index to be used for this purpose. In the event of deflation, the department shall consult with the Executive Office of the Governor and the Legislature to determine whether downward fee adjustments are appropriate based on the current budget and appropriation considerations.
However, when an application is received without the required fee, the department shall acknowledge receipt of the application and shall immediately return the unprocessed application to the applicant and shall take no further action until the application is received with the appropriate fee. The department shall adopt a schedule of fees by rule, subject to the following limitations: Hazardous waste, construction permit. Hazardous waste, operation permit.
Hazardous waste, postclosure permit, or clean closure plan approval. Hazardous waste, corrective action permit. The permit fee for a drinking water construction or operation permit, not including the operation license fee required under s. Solid waste, construction permit. Solid waste, operation permit. Class I injection well, operation permit. Air pollution, construction permit. Solid waste, closure permit. Domestic waste residuals, construction or operation permit. Industrial waste, operation permit.
Industrial waste, construction permit. Domestic waste, operation permit. Domestic waste, construction permit. Wetlands resource management — dredge and fill and mangrove alteration. Hazardous waste, research and development permit. Air pollution, operation permit, for sources not subject to s.
Class III injection well, construction, operation, or abandonment permits. Except as provided in subparagraph 8.
The fee for a permit issued pursuant to s. The regulatory program and surveillance fees for facilities permitted pursuant to s. The department shall establish a sliding scale of fees based on the permitted capacity and shall ensure smaller domestic waste dischargers do not bear an inordinate share of costs of the program. The department shall establish a sliding scale of fees based upon the volume, concentration, or nature of the industrial waste discharge and shall ensure smaller industrial waste dischargers do not bear an inordinate share of costs of the program.
The department may establish a fee, not to exceed the amounts in subparagraphs 5. If substantially similar air pollution sources located at the same facility do not constitute a major source of air pollution subject to permitting under s. The department may develop, by rule, criteria for determining what constitutes substantially similar sources. The amount of each fee shall be reasonably related to the costs of permitting, field services, and related support activities for the particular permitting activity taking into consideration consistently applied standard cost-accounting principles and economies of scale.
If the department requires, by rule or by permit condition, that a permit be renewed more frequently than once every 5 years, the permit fee shall be prorated based upon the permit fee schedule in effect at the time of permit renewal. The department shall require a separate permit application and fee for each noncontiguous project within the system. The department may revoke any permit issued by it if it finds that the permitholder has: In the event the Federal Government prohibits the mining or leasing of solid minerals on federal park or forest lands, then, and to the extent of such prohibition, this act shall not apply to those federal lands.
In no case shall funds from the Florida Permit Fee Trust Fund be used for salary increases without the approval of the Legislature. Operation permits for major sources of air pollution, except general permits issued pursuant to s. The department shall exempt those facilities that are subject to this section solely because they are subject to requirements under 42 U.
The department shall adopt rules defining the timing, content, and distribution of an application for a permit under this section. A permit application processing fee is not required. The department may issue an operation permit for a major source of air pollution only when it has reasonable assurance that the source applies pollution control technology, including fuel or raw material selection, necessary to enable it to comply with the standards or rules adopted by the department or an approved compliance plan for that source.
If two or more major air pollution sources that belong to the same Major Group as described in the Standard Industrial Classification Manual, , are operated at a single site, the owner may elect to receive a single operation permit covering all such sources at the site.
Unless the department requests additional information or otherwise notifies the applicant of incompleteness within 60 days after receipt of an application, the application is complete. Notwithstanding the timing requirements of paragraph c and subsection 3 , the department may process applications received during the first year of permit processing under this section, in a manner consistent with 42 U.
A draft permit must contain all conditions that the department finds necessary to ensure that operation of the source will be in compliance with applicable law, rules, or compliance plans. The department shall furnish a copy of each draft permit to the United States Environmental Protection Agency and to any contiguous state whose air quality could be affected or which is within 50 miles of the source pursuant to procedures established by department rule.
The department must accept public comment with respect to a draft permit for 30 days following the date of notice publication. The notice must be published in a newspaper of general circulation as defined in s. If comments received during this period result in a change in the draft permit, the department must issue a revised draft permit, which shall be supplied to the United States Environmental Protection Agency and to any contiguous state whose air quality could be affected or which is within 50 miles of the source.
A draft permit must notify the permit applicant of any review process applicable to the permit decision of the department. The department shall prescribe, by rule, a suitable standard format for such notification. The department shall furnish the United States Environmental Protection Agency a copy of each proposed permit and its written response to any comments regarding the permit submitted by contiguous states.
If no objection to the proposed permit is made by the United States Environmental Protection Agency within the time established by 42 U. The department shall issue a conformed copy of the final permit as soon as is practicable thereafter.
The proposed permit shall not become final until the time for review, by the United States Environmental Protection Agency, of the proposed permit has elapsed. If comments from a contiguous state regarding the permit are received, the department must provide a written response to the applicant, to the state, and to the United States Environmental Protection Agency. A copy of the written objection of the administrator must be provided to the permit applicant as soon as practicable after the department receives it.
Within 45 days after the date on which the department serves the applicant with a copy of an objection by the United States Environmental Protection Agency to a proposed permit, the applicant may file a written reply to the objection. The written reply must include any supporting materials that the applicant desires to include in the record relevant to the issues raised by the objection. The written reply must be considered by the department in issuing a final permit to resolve the objection of the administrator.
A final permit issued by the department to resolve an objection of the administrator is not subject to ss. If judicial review of a final permit results in material changes to the conditions of the permit, the department shall notify the United States Environmental Protection Agency and any state that is contiguous to this state whose air quality could be affected or that is within 50 miles of the source, pursuant to rules of the department.
Within 45 days after the date on which the department notifies the permittee that the United States Environmental Protection Agency proposes action regarding its permit, the permittee may file a written response concerning the proposed action.
The written response must include any supporting materials that the permittee desires to include in the record relevant to the issues raised by the proposed action. The annual operation license fee shall be terminated immediately in the event the United States Environmental Protection Agency imposes annual fees solely to implement and administer the major source air-operation permit program in Florida under 40 C.
The amount of each regulated air pollutant in excess of 4, tons per year emitted by any source, or group of sources belonging to the same Major Group as described in the Standard Industrial Classification Manual, , may not be included in the calculation of the fee. Any source, or group of sources, which does not emit any regulated air pollutant in excess of 4, tons per year, is allowed a one-time credit not to exceed 25 percent of the first annual licensing fee for the prorated portion of existing air-operation permit application fees remaining upon commencement of the annual licensing fees.
If the department has not received the fee by March 1 of the calendar year, the permittee must be sent a written warning of the consequences for failing to pay the fee by April 1. If the fee is not postmarked by April 1 of the calendar year, the department shall impose, in addition to the fee, a penalty of 50 percent of the amount of the fee, plus interest on such amount computed in accordance with s.
The department may not impose such penalty or interest on any amount underpaid, provided that the permittee has timely remitted payment of at least 90 percent of the amount determined to be due and remits full payment within 60 days after receipt of notice of the amount underpaid.
The department may revoke any major air pollution source operation permit if it finds that the permitholder has failed to timely pay any required annual operation license fee, penalty, or interest. Notwithstanding the provisions of s. Costs to issue and administer such permits shall be considered direct and indirect costs of the major stationary source air-operation permit program under s. The department shall, however, require fees pursuant to the provisions of s.
Reviewing and acting upon any application for such a permit. Implementing and enforcing the terms and conditions of any such permit, excluding court costs or other costs associated with any enforcement action. Emissions and ambient monitoring. Preparing generally applicable regulations or guidance. Modeling, analyses, and demonstrations.
Preparing inventories and tracking emissions. Any audits conducted under paragraph c. A program audit must be performed biennially after the first audit. The department shall adopt rules implementing this flexibility requirement. All license fees paid pursuant to s. Any approved local pollution control program that accepts funds from the department as reimbursement for services it performs in the implementation of the major source air-operation permit program, receives delegation from the department or the United States Environmental Protection Agency for implementation of the major source air-operation permit program, or performs functions, duties, or activities substantially similar to or duplicative of the services performed by the department or the United States Environmental Protection Agency in the implementation of the major source air-operation permit program is prohibited from collecting additional fees attributable to such services from any source permitted under s.
The generic air emissions bubble rule shall eliminate the need for case-by-case federal determinations on individual emissions trades within a single facility as individual State Implementation Plan revisions. For purposes of promulgating a generic air emissions bubble rule: The application of a bubble to a facility would allow emissions at one or more emissions points or units to fluctuate within a facility as long as the multiunit limit is not exceeded.
Multiunit limits shall be established by aggregating unit-specific limits for all new or existing units being included in the bubble. The bubble shall also allow the department to establish, at the request of the owner or operator of a facility, alternative emission limits for individual units as long as the aggregated emissions limit for all involved units is not increased. If a request for information cannot be accompanied by a rule citation, failure to provide such information cannot be grounds to deny a permit.
If the applicant believes any departmental request for additional information is not authorized by law or departmental rule, the applicant may request a hearing pursuant to ss. Within 30 days after receipt of such additional information, the department shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information. If the department fails to approve or deny such a permit within the day period, the applicant may petition for a writ of mandamus to compel the department to act consistently with applicable regulatory requirements.
If the department fails to approve or deny an operation permit for a major source of air pollution within the day period specified in s. The ability of the department to process applications under this subsection in a more timely manner than allowed by subsections 1 and 2 is dependent upon the timely exchange of information between the applicant and the department and the intervention of outside parties as allowed by law.
The department may require the applicant to waive the day time limitation for department issuance or denial of the permit once for a period not to exceed 90 days. The department may require a special fee to cover the direct cost of processing special applications in addition to normal permit fees and costs. Applications for renewal permits, but not applications for initial permits, required for facilities pursuant to the Electrical Power Plant Siting Act or the Florida Electric Transmission Line Siting Act may be processed under this subsection.
Personnel staffing the special unit shall have lengthy experience in permit processing. To request such hearing, the applicant must notify the Division of Administrative Hearings, the department, and all other parties in writing within 15 days after his or her receipt of notice of assignment of an administrative law judge from the division.
The division shall conduct a hearing within 45 days after receipt of the request for such expedited hearing. The department or governing board of a water management district may further require as a condition of granting a permit or license, or in conjunction with ordering corrective action that the professional certify upon completion of the permitted or licensed activity or corrective action that such activity or corrective action has, to the best of his or her knowledge, been completed in substantial conformance with the plans and specifications approved by the department or board.
However, this section does not prohibit the application of pesticides to such waters for the control of insects, aquatic weeds, algae, or other pests if the application is performed in accordance with this section. A person must obtain such permit or other authorization before applying pesticides to the waters of the state. Such agreements must provide for public health, welfare, and safety, as well as environmental factors, and must ensure that pesticides applied to waters of the state are regulated uniformly, including provisions for the coordination of agency staff and resources, through the implementation of permitting, compliance, and enforcement activities under s.
Application shall be made on a form prescribed by the department and shall contain such information as the department requires. If the department finds that the proposed discharge will reduce the quality of the receiving waters below the classification established for them, it shall deny the application and refuse to issue a permit.
The department may not use the results from a field procedure or laboratory method to make such a finding or determine facility compliance unless the field procedure or laboratory method has been adopted by rule or noticed and approved by department order pursuant to department rule. Field procedures and laboratory methods must satisfy the quality assurance requirements of department rule and must produce data of known and verifiable quality. The results of field procedures and laboratory methods shall be evaluated for sources of uncertainty to assure suitability for the intended purposes as properly documented with each procedure or method.
If the department finds that the proposed discharge will not reduce the quality of the receiving waters below the classification established for them, it may issue an operation permit if it finds that such degradation is necessary or desirable under federal standards and under circumstances which are clearly in the public interest.
Specify the manner, nature, volume, and frequency of the discharge permitted;. Require proper operation and maintenance of any pollution abatement facility by qualified personnel in accordance with standards established by the department;.
Contain such additional conditions, requirements, and restrictions as the department deems necessary to preserve and protect the quality of the receiving waters;. Be valid for the period of time specified therein; and. Constitute the state National Pollutant Discharge Elimination System permit when issued pursuant to the authority in s. No operation permit shall be renewed or issued if the department finds that the discharge will not comply with permit conditions or applicable statutes and rules.
The applicant is constructing, installing, or placing into operation, or has submitted plans and a reasonable schedule for constructing, installing, or placing into operation, an approved pollution abatement facility or alternative waste disposal system;. The applicant needs permission to pollute the waters within the state for a period of time necessary to complete research, planning, construction, installation, or operation of an approved and acceptable pollution abatement facility or alternative waste disposal system;.
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