Florida Administrative Code

The following words and phrases when used in this chapter shall, unless the context clearly indicates otherwise, have the following meanings: (1) "Activity" means any action which results in a discharge of wastes into waters of the State or that is reasonably expected to be a sou…

(1) No person shall discharge wastes to waters without a permit from the Department, unless exempted by Department rule or statute. (2) No wastewater facility or activity which discharges wastes into waters or which will reasonably be expected to be a source of water pollution sh…

(1) Any person intending to discharge wastes into waters shall apply to the Department for the appropriate permit required by this chapter. (2) For purposes of enforcement, compliance with a permit issued under this chapter constitutes compliance with the applicable provisions of…

(1) In accordance with Chapter 119, F.S., all information and documents submitted to the Department with an application are considered to be public information and as such are available for reading and copying. However, applicants for permits under Section 403.088, F.S., may make…

(1) All permit applications under this chapter shall be signed as follows: (a) For a corporation, a responsible corporate officer shall sign all applications for permit. A responsible corporate officer is considered to be: 1. A president, secretary, treasurer, or vice president o…

(1) Any person intending to construct, operate, or modify a wastewater facility or activity which will discharge wastes into waters or which will reasonably be expected to be a source of water pollution shall make application to the Department for a permit or shall notify the Dep…

(1) A permit shall be issued only if the applicant affirmatively provides the Department with reasonable assurance, based on a preliminary design report, plans, test results, installation of pollution control equipment, or other information, that the construction, modification, o…

(1) Substantial revisions. (a) For good cause and after notice and, if requested, an administrative hearing pursuant to Section 120.57, F.S., the Department shall require the permittee to conform to new or additional permit conditions. The Department shall allow the permittee a r…

(1) A permittee shall submit an application to renew an existing permit at least 180 days before the expiration date of the existing permit or as otherwise specified in the generic permit issued under Chapter 62-621, F.A.C. (2) The permittee shall apply on the appropriate form li…

(1) Except as provided in subsection (2) of this rule, a permit may be transferred by the existing permittee to a proposed permittee only if the permit has been revised in accordance with subsection 62-620.325(1), F.A.C., to identify the proposed permittee and to incorporate othe…

(1) The following are causes for suspending, revoking, or terminating any permit issued by the Department under this chapter. The Department finds: (a) That the permit holder or his agent submitted false or inaccurate information in his application for a permit under this chapter…

Unless the permit specifically indicates an alternative location, the permittee shall maintain the following records on the site of the permitted facility or activity and make them available for inspection: (1) Records of all compliance monitoring information, including all calib…

Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History-New 11-29-94, Amended 12-24-96, 10-23-00, Repealed 2-16-12.

(1) The Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., contains the general application requirements for a permit for wastewater facilities or activities, except for collection and transmission systems …

(1) Within 30 days after receipt of an application for permit and its processing fee, the Department shall notify the applicant if the application is not complete and shall request submittal of the additional information needed to review the application that the Department is aut…

(1) Public notice under Chapter 120, F.S., and subsection 62-110.106(7), F.A.C., advising the applicant and all affected persons of their right to an administrative hearing shall be given as follows: (a) Public notice shall be required for all permits for new or substantially mod…

(1) During the public comment period provided in Rule 62-620.550, F.A.C., any interested person may submit written comments on the draft permit or may request a public meeting, if no public meeting has been scheduled. (2) A request for a public meeting shall be in writing and sha…

All permits, except General and Generic Permits, issued by the Department under this chapter shall include the following conditions: (1) The terms, conditions, requirements, limitations and restrictions set forth in this permit are binding and enforceable pursuant to Chapter 403,…

(1) Permit conditions shall be based on relevant statutory or regulatory provisions in effect prior to the final administrative disposition of a permit. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation…

(1) Existing manufacturing, commercial, mining, and silvicultural wastewater facilities or activities that discharge into surface waters shall notify the Department as soon as they know or have reason to believe: (a) That any activity has occurred or will occur which would result…

(1) Each domestic wastewater facility permit which includes construction of new facilities, or substantial modification of existing facilities, shall contain the permit conditions listed in subsections (2) through (11) of this rule. These conditions apply to an entire treatment p…

(1) A general permit shall be issued upon adoption as a rule and shall be modified by rule revision or revoked by repeal of the rule. (2) The procedures to obtain and use a general permit under Section 403.814, F.S., are set forth in Part III of Chapter 62-4, F.A.C. (3) Any perso…

(1) A generic permit shall be issued upon adoption as a rule under Chapter 62-621, F.A.C., and shall be modified by rule revision or revoked by repeal of the rule. (2) As an alternative to individual permits, the Department may promulgate by rule a generic permit to regulate a ca…

Rulemaking Authority 403.087, 403.0885, 403.814 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.814 FS. History-New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04, Repealed 2-16-12.

(1) Variances under Section 301(h) of the CWA from the requirements of Section 301(b)(1)(B) of the CWA shall be in accordance with the requirements of 40 C.F.R. Part 125, subpart G. (2) Variances under Section 302(b)(2) of the CWA from the requirements of Section 302(a) of the CW…

The forms and instructions used by the Department for the wastewater facilities or activities permitting and compliance program are listed in this part. Copies of the forms and instructions may be obtained at the Department District Offices. The Department adopts and incorporates…

This chapter sets forth the procedures to obtain National Pollutant Discharge Elimination System (NPDES) and Non-NPDES generic permits authorized under Chapter 403, Florida Statutes (F.S.), and Chapter 62-620, Florida Administrative Code (F.A.C.) For the purpose of this chapter "…

Generic permits issued under this chapter are subject to the procedural requirements of subsections 62-110.106(6), 62-620.510(1)-(5) and (8), and Rule 62-620.710, F.A.C., unless otherwise specified in the generic permit, Chapter 62-620 or 62-621, F.A.C. Rulemaking Authority 403.0…

Unless stated otherwise in this chapter, all permits listed in this chapter are subject to the conditions in subsections 62-620.610(1)-(5), (7), (9)-(10), (13)-(15), (17)-(18), and (20)-(23), F.A.C. Additionally, the following conditions apply: (1) When requested by the Departmen…

When a BMP plan is required by a generic permit listed in this chapter, the permittee shall prepare the plan in accordance with the following procedures: (1) The permittee shall maintain the BMP plan at the facility and shall make the plan available to the Department upon request…

(1) NPDES Generic Permit for Discharges From Petroleum Contaminated Sites. (a) DEP Form 62-621.300(1)(a) "NPDES Generic Permit for Discharges From Petroleum Contaminated Sites," (9/30/2018), is hereby adopted and incorporated by reference. This form may be obtained by contacting …

When specifically required by the NPDES generic permit, the toxicity standards and procedures set forth in Rules 62-4.246, 62-302.200 and subsections 62-4.241(1), 62-302.500(1)(a)4. and 62-620.620(3)(h) and (j), F.A.C., shall apply. Rulemaking Authority 403.061, 403.087, 403.088,…

(1) Generic Permit for Discharges from Fresh Citrus Fruit Packinghouses to Percolation Ponds. (a) The document "Generic Permit for Discharges from Fresh Citrus Fruit Packinghouses to Percolation Ponds," document number 62-621.500(1)(a), issued by the Department and dated 09-06-20…

This rule provides the requirements for processing Municipal Separate Storm Sewer Systems (MS4) permits, as authorized under Section 403.0885, F.S. This rule also provides general requirements and procedures for the issuance, denial, revision, suspension, and revocation of MS4 pe…

(1) Co-permittee means a permittee to a NPDES permit that is only responsible for permit conditions relating to the municipal separate storm sewer that it operates. (2) Illicit discharge means any discharge to a municipal separate storm sewer that is not composed entirely of stor…

(1) Any operator of a Phase I or regulated Phase II MS4 must be covered by a permit under this chapter. Operators of MS4s such as municipalities, Chapter 298, F.S., special districts, drainage districts, or Districts of the Florida Department of Transportation, that were named as…

All individual MS4 permits shall be subject to the general conditions set forth in Rule 62-620.610, F.A.C., except for conditions in subsections (7), (12), (16), (17), (22), and (23). Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History…

Applicants for new individual MS4 permits shall follow the procedures as described in 40 C.F.R. 122.26. Rulemaking Authority 403.061, 403.087, 403.0877 FS. Law Implemented 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. History-New 10-22-00, Amended 5-1-03.

(1) MS4 permits shall be effective for a fixed term not to exceed five years. If the permittee wishes to continue an activity regulated by an MS4 permit after the expiration date of the permit, the permittee must apply for and obtain a new permit. Permittees are encouraged to con…

(1) The Department is committed to allowing flexible re-application requirements that are specific to the needs of the individual MS4 program. However, certain fundamental information is required for all re-applications as follows: (a) Name and mailing address of the permittee th…

Permit applications or re-applications, for individual permits, shall be processed in accordance with the following: (1) Within 90 days after receipt of an application for permit, the Department shall notify the applicant if the application is not complete and shall request submi…

(1) The Department shall use the provisions of 40 C.F.R. 122.26, revised as of July 1, 2000, hereby incorporated by reference, for implementation of the program. Where there are conflicts with general or specific requirements of 40 C.F.R. 122.26, the requirements and procedures s…

(1) Each permittee shall submit an Annual Report to the Department for each year of coverage under the permit term. The first year Annual Report must cover the twelve month period beginning on the effective date of the permit and is due six months after the first anniversary of t…

(1) A Phase II MS4 is regulated under this chapter if it is a Phase II MS4 as defined in Rule 62-624.200, F.A.C.; and, (a) Located in an urbanized area as determined by the latest Decennial Census by the U. S. Bureau of the Census. (If the Phase II MS4 is not located entirely wit…

(1) The entity responsible for the operation of a regulated Phase II MS4, under Rule 62-624.800, F.A.C., must seek coverage: (a) Under paragraph 62-621.300(7)(a), F.A.C., which incorporates the Department's Generic Permit for Discharge of Stormwater from Phase II Municipal Separa…

Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885 FS. History-New 11-29-94, Amended 5-10-10, Repealed 2-16-12.

(1) This chapter applies: (a) To the discharge of pollutants from nondomestic sources covered by pretreatment standards which are discharged into, transported by truck or rail, or otherwise introduced into WWFs as defined in subsection 62-625.200(29), F.A.C.; (b) To public utilit…

Terms used in this chapter shall have the meaning specified below. The meaning of any term not defined below shall be taken from definitions in other rules of the Department, unless the context clearly indicates otherwise. (1) "Bypass" means the intentional diversion of wastewate…

Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885, 403.08851 FS. History-New 11-29-94, Repealed 11-26-15.

(1) General prohibitions. (a) An industrial user shall not introduce into a WWF or potable reuse system any pollutant which causes pass through or interference. These general prohibitions and the specific prohibitions in subsection (2), below, apply to each industrial user introd…