Florida Administrative Code

Rulemaking Authority 403.061(7) FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History-New 5-17-72, Amended 8-7-73, Formerly 17-4.11, Amended 8-31-88, Formerly 17-4.110, Repealed 2-16-12.

(1) Within 30 days after the sale or legal transfer of a permitted facility, an "Application for Transfer of Permit" (DEP Form 62-1.201(1)) must be submitted to the Department. This form must be completed with the notarized signatures of both the permittee and the proposed new pe…

If the permittee is temporarily unable to comply with any of the conditions of the permit due to breakdown of equipment or destruction by hazard of fire, wind or by other cause, the permittee shall immediately notify the Department. Notification shall include pertinent informatio…

Rulemaking Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History-New 5-17-72, Formerly 17-4.15, Amended 8-31-88, Formerly 17-4.150, Repealed 2-16-12.

All permits issued by the Department shall include the following general conditions: (1) The terms, conditions, requirements, limitations and restrictions set forth in this permit, are "permit conditions" and are binding and enforceable pursuant to Sections 403.141, 403.727, or 4…

This Part sets forth additional requirements for certain Department permits, exemptions from permitting, requirements for mixing zones and zones of discharge, and related requirements. Except as otherwise provided in Chapter 62-330, F.A.C., or in the rules adopted by reference th…

Rulemaking Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History-New 5-17-72, Formerly 17-4.21, Amended 8-31-88, Formerly 17-4.210, Repealed 2-16-12.

Rulemaking Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History-Formerly 17-4.05, New 3-4-70, Revised 5-17-72, Formerly 17-4.22, Amended 8-31-88, Formerly 17-4.220, Repealed 2-16-12.

Rulemaking Authority 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088, 403.101 FS. History-New 5-17-72, Formerly 17-4.23, Amended 8-31-88, 10-4-89, Formerly 17-4.240, Repealed 2-16-12.

(1) Facilities subject to whole effluent toxicity testing as identified in subsection 62-620.620(3), F.A.C., shall meet the following whole effluent toxicity limitations unless a mixing zone as specified in paragraphs 62-4.244(3)(a) through (d), F.A.C., or a variance has been app…

(1) Antidegradation Permitting Requirements. (a) Permits shall be issued when consistent with the antidegradation policy set forth in Rule 62-302.300, F.A.C., and, if applicable, Rule 62-302.700, F.A.C. (b) In determining whether a proposed discharge which results in water qualit…

(1) Exemptions for Artificial Water Bodies Classified for Agricultural Water Supplies. (a) The Secretary shall upon the petition of an affected person or permit applicant, and after public notice in the Florida Administrative Register and in a newspaper of general circulation in …

(1) Zones of mixing for non-thermal components of discharges. (a) The Department may allow the water quality adjacent to a point of discharge to be degraded to the extent that only the minimum conditions described in subsection 62-302.500(1), F.A.C., apply within a limited, defin…

(1) The Department shall require monitoring and sampling for pollutants reasonably expected to be contained in the discharge and to violate the water quality criteria in Chapter 62-302, F.A.C. (2) Field testing, sample collection and preservation, laboratory testing, including qu…

Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.091, 403.101, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702, 402.708 FS. History-New 3-1-79, Amended 8-31-88, Formerly 17-4.249, R…

Rulemaking Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088(5)(c) FS. History- New 5-17-72, Amended 3-26-74, Formerly 17-4.25, Amended 8-31-88, 9-13-89, Formerly 17-4.250, Repealed 2-16-12.

This Part defines general permits and establishes the procedures for persons who may wish to use a general permit, except that the procedures for any person who may wish to use a general permit for a source of air pollutant emissions, and all conditions of such a general permit, …

A general permit is a permit issued by rule of the Department pursuant to Section 403.814, F.S., which authorizes persons to undertake certain activities which cause minimal adverse environmental impact when performed in accordance with specific requirements and practices set for…

(1) Persons wishing to use one or more of the general permits set forth in the Department's rules shall, at least 30 days before beginning any work, notify the Department in writing or on forms adopted by the department. They shall describe the proposed project, and include suppo…

(1) The terms, conditions, requirements, limitations, and restrictions set forth in this Part are "general permit conditions" and are binding upon the permittee. The conditions are enforceable under Chapter 403, F.S. (2) The general permit is valid only for the specific activity …

Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.046, 373.0831, 373.086, 373.103, 373.106, 373.171, 373.175, 373.185, 373.1961, 373.223, 373.246, 373.250, 373.418, 373.4…

The water resource implementation rule shall also include the following Department rules: (1) Surface Water Quality Standards, Chapter 62-302 and Rule 62-4.242, F.A.C. (2) Ground Water Classes, Standards, and Exemptions, Chapter 62-520, F.A.C. (3) Drinking Water Standards, Monito…

When used in this chapter and in the review of rules of the Districts pursuant to Section 373.114(2), F.S., unless the context or content of such District rule requires a narrower, more specific meaning, the following words shall mean: (1) "Aquifer" shall mean a geologic formatio…

The following statement of general water resource implementation policy shall guide Department review of water management programs, rules, and plans. Water management programs, rules and plans, where economically and environmentally feasible, not contrary to the public interest, …

The following shall apply when the use of water is regulated pursuant to Part II of Chapter 373, F.S.: (1) No permit shall be granted to authorize the use of water unless the applicant establishes that the proposed use is a reasonable-beneficial use, will not interfere with prese…

(1) To the extent practical, the Districts shall seek to achieve a consistent approach to water shortage phases and related restrictions, particularly where political jurisdictions fall within more than one District. (2) Except when an emergency order is issued under Sections 373…

(1) The overall water conservation goal of the state shall be to prevent and reduce wasteful, uneconomical, impractical, or unreasonable use of water resources. Conservation of water shall be required unless not economically, environmentally, or technically feasible. (2) The Dist…

(1) The reuse of reclaimed water, the recycling of stormwater for irrigation and other beneficial uses, and the recycling of industrial wastewater, shall be promoted. In the adoption and implementation of consumptive use permitting rules, the reuse or recycling of water shall be …

The following shall apply to the transfers of surface and ground water where such transfers are regulated pursuant to Part II of Chapter 373, F.S.: (1) The transfer or use of surface water across District boundaries shall require approval of each involved District. The transfer o…

(1)A comprehensive watershed approach provides an important tool for managing the cumulative impacts of human activities. Where possible, the Department and Districts shall promote a watershed management approach for addressing water quality, water supply, natural systems, and fl…

(1) Standards. (a) Water quality standards shall be enforced pursuant to Chapters 403 and 373, F.S., to protect waters of the State from point and nonpoint sources of pollution. (b) State water quality standards adopted by Department rule shall be a part of the Florida Water Plan…

(1) Effective stormwater management is essential to reduce existing nonpoint source pollution problems and to protect surface water resources from stormwater pollution from existing and new land uses. (2) The following goals are established to provide guidance for Department, Dis…

(1) The following shall apply to the regulation of surface water pursuant to Part IV, Chapter 373, F.S. (a) The construction and operation of facilities which manage or store surface waters, or other facilities which drain, divert, impound, discharge into, or otherwise impact wat…

Flood protection shall be implemented within the context of other interrelated water management responsibilities. Florida will continue to be dependent on some structural water control facilities constructed in the past, and new structural facilities may sometimes be unavoidable …

(1) The Department and the Districts shall provide leadership to protect and enhance the beneficial values of floodplains. This shall include active coordination with local governments, special districts, and related programs of federal agencies, the Department of Community Affai…

Programs, plans, and rules to accomplish natural systems protection and management shall include rules to address adverse cumulative impacts, the establishment of minimum flows and levels (Rule 62-40.473, F.A.C.) and may include reservations and other protection measures for surf…

(1) In establishing minimum flows and levels pursuant to Sections 373.042 and 373.0421, F.S., consideration shall be given to natural seasonal fluctuations in water flows or levels, nonconsumptive uses, and environmental values associated with coastal, estuarine, riverine, spring…

(1) The governing board or the department, by rule, may reserve water from use by permit applicants, pursuant to Section 373.223(4), F.S., in such locations and quantities, and for such seasons of the year, as in its judgment may be required for the protection of fish and wildlif…

(1) In cooperation with the water management districts, regional water supply authorities, and others, the Department shall develop the Florida Water Plan pursuant to Section 373.036, F.S. The Florida Water Plan shall include: (a) The programs and activities of the Department rel…

(1) Each District shall develop a comprehensive water management plan, based on at least a 20-year planning period, which is consistent with the provisions of this chapter and Section 373.036(2), F.S. District Water Management Plans are comprehensive guides to the Districts in ca…

(1) After acceptance by the District Governing Board, District Water Management Plans shall be submitted to the Department. (2) Within sixty days after receipt of a Plan for review, the Department shall review each Plan for consistency with this chapter and recommend any changes …

(1) As part of the District Water Management Plans, each governing board shall develop a regional water supply plan for each water supply planning region for which the districtwide water supply assessment determines that sources of water are not adequate to supply water for all e…

(1) All local governments, water management districts, and state agencies are directed by Section 373.026(2), F.S., to cooperate with the Department in making available to the Department such scientific or factual data as they may possess. The Department shall prescribe the forma…

(1) This chapter shall be reviewed periodically, but in no case less frequently than once every four years. (2) Within 12 months after adoption or revision of this chapter, the Districts shall have revised their rules and reviewed their programs to be consistent with the provisio…

Rulemaking Authority 259.101, 373.043 FS. Law Implemented 259.101, 373.016, 373.026, 373.043, 373.59 FS. History-New 3-24-82, Formerly 17-42.01, 17-42.001, Amended 1-7-91, 5-2-94, Formerly 17-402.001, Repealed 3-15-12.

Rulemaking Authority 259.101, 373.043 FS. Law Implemented 259.101, 373.016, 373.026, 373.043, 373.59 FS. History-New 3-24-82, Formerly 17-42.02, Amended 9-17-86, Formerly 17-42.020, Amended 1-7-91, 5-2-94, Formerly 17-402.020, Repealed 3-15-12.

Rulemaking Authority 373.043 FS. Law Implemented 373.016, 373.026, 373.043, 373.139, 373.59 FS. History-New 3-24-82, Formerly 17-42.03, Amended 9-17-86, Formerly 17-42.030, Amended 1-7-91, 5-2-94, Formerly 17-402.030, Repealed 3-15-12.