Title: 17-4.245 Installations Dischanrging to Ground Water; Permitting and Monitoring Requirements
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 Material Information
Title: 17-4.245 Installations Dischanrging to Ground Water; Permitting and Monitoring Requirements
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: 17-4.245 Installations Dischanrging to Ground Water; Permitting and Monitoring Requirements
General Note: Box 7, Folder 1 ( Vail Conference 1987 - 1987 ), Item 58
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00000665
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text
1 17-4.245 Installations Discharging to Ground Water;

2 Permitting and Monitoring Requirements.

3 (1) No change.

('4 (2) General Prohibitions and Exemptions.

5 (a) Unless exempted by sub-section (c) below or by Section

6 17-4.243, F.A.C., no installation shall discharge into ground

7 water, either directly or indirectly, any contaminant that causes

8 a violation in the water quality standards and criteria for the
9 receiving ground water as established in Chapter 17-3, Part IV.,
10 F.A.C., except within a zone of discharge established by permit

11 or rule pursuant to this section.
12 1. All new discharges and new installations included in

13 Section 17-4.245(3), F.A.C., shall be prohibited within the 200

14 foot zone of protection.

15 (b) No zone of discharge shall be allowed under any of the
16 following circumstances:

-7 1. In G-I zones of protection for new installations except

18 stormwater discharges.
19 1. renumbered as 2.

20 (2)(b)2. renumbered as (2)(b)3.
21 (2)(c) No change.

22 (3) Criteria for discharge into G-I aquifers. The

23 Department will continue to allow the use of existing Department

24 permits to address the ground water monitoring plan and other
25 ground water discharge conditions. Monitoring exemptions

26 provided under Section 17-4.245(6)(j), F.A.C. for domestic sewage
27 treatment installations with less than 100,000 gpd design
28 capacity, are not applicable to areas designated as G-I aquifers.

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23 (a) General discharge to ground water. A general discharge

24 to ground water includes all activities occurring at or from an

25 installation or facility which generates a discharge to ground

26 water except discharges generated by stormwater facilities,

27 underground storage facilities, and underground facilities for

28 transportation of waste effluents, pollutants or contaminants.

("13 The general discharge criteria shall apply to specific
30 installations within the general discharge category regardless of

31 size and/or effluent volume, except installations treating

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1 domestic waste water discharge of 5000 gallon capacity or less.
2 1. Five Year Zone of Protection. The following discharge

3 shall be allowed within the five year zone of protection subject
("4 to meeting the specific criteria outlined herein:

5 a. New discharge to ground water of industrial waste that

6 contains hazardous constituents in concentrations above natural

7 background levels, listed in the Department publication, G-I
8 Modified Hazardous Constituents List (December 1, 1986)1 hereby

9 adopted and incorporated by reference, shall be prohibited.
10 b. New discharge to ground water of treated domestic waste

11 effluent meeting domestic waste water plant Class I reliability
12 as described in the manual referenced in Section 17-6.040(4)(m),
13 F.A.C.; a pre-treatment program for industrial wastewater; daily
14 monitoring to assure proper treatment plant process control; and,
15 24 hour a day attendance by a certified waste water operator of
16 the class required by Chapter 17-16, F.A.C., and under the

.7 general supervision of a Class A certified waste water operator,

18 shall be allowed to operate provided that the discharge from such
19 plant shall meet the ground water criteria as specified in

20 Section 17-3.404, F.A.C., prior to discharge (end of pipe),
21 unless the installation can affirmatively demonstrate that the

22 criteria are being met prior to contact with ground water. An
23 example of the latter is nitrogen removal through the root zone
24 which reduces the level of nitrate to meet the ground water
25 standard. Smaller domestic wastewater plants of less than
26 100,000 qpd permitted capacity shall provide attendance by the

27 appropriate certified waste water operator as required by Chapter
28 17-16, F.A.C., for 16 hours a day, from 5 a.m. to 9 p.m. Treated

(-"9 domestic waste effluent discharge in G-I areas shall employ land
30 application and shall be restricted to slow-rate infiltration
31 methods, except as provided in c. below.

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c. New discharge of treated domestic waste effluent to

wetlands located within G-I zones of protection shall meet the

requirements in b. above for the five year zone of protection and

shall be prohibited in the 200 foot zone of protection.

d. Construction and operation of new sanitary landfills

shall be prohibited.

2. Existing discharge to ground water within G-I zones of

protection shall comply with the current Class G-II criteria,

including zone of discharge requirements, provided that more

stringent monitoring requirements may be implemented. More

stringent monitoring requirements may include increased

monitoring frequency, increased number of parameters, or

increased number of monitoring wells. Such determinations will

be made by the Department on a case-by-case basis by considering

soil conditions, quality and volume of the waste stream, and the

point of discharge.

(b) Stormwater Discharge to G-I Ground Water.

1. Within the five year zone of protection:

a. A new industrial facility listed on the Department's

publication, G-I Modified Standard Industrial Code (December 1,

1986)1, hereby adopted and incorporated by reference, which

stores, handles, uses, or produces hazardous constituents

appearing in the G-I Modified Hazardous Constituents List

(December 1, 1986)1 discharging to a stormwater facility within

a five year zone of protection shall be prohibited unless

containers, paving, curbing, or other measures are provided and

are of adequate size such that any release of hazardous


1 These publications are available for inspection at all
Department district offices, and copies may be obtained from the
Department's Office of Public Information, 2600 Blair Stone Road,
Tallahassee, Florida 32399-2400.




1 constituents would be totally contained and prevented from coming
2 into contact with stormwater, surface water, or the around.

3 Application of pesticides as part of normal agricultural

S4 practices in accordance with the label and Department of
5 Agriculture and Consumer Services rule are not prohibited.
6 Developments which are exclusively residential shall not be

7 included in the prohibition.
8 b. Discharge from new stormwater facilities, other than in

9 a. above, serving an area forty acres or larger with a forty
10 percent impervious surface excluding building tops shall be

11 required to monitor the discharge to ground water according to
12 Section 17-4.245(6), F.A.C. Such facilities may be required to

13 implement more stringent monitoring requirements which may

14 include increased monitoring frequency, increased number of
15 parameters, or increased number of wells. Such determination
16 will be made by the Department, or a water management district to
w*7 which stormwater has been delegated, on a case-by-case basis by

18 considering soil conditions, quality and volume of the waste

19 stream, and the point of discharge.
20 c. New discharge to ground water through sinkholes and

21 wells shall be prohibited.

22 d. Installations and facilities not included in a.-c. above
23 shall be exempted from G-I criteria.

24 e. The Department or a water management district to which
25 permitting authority under Chapter 17-25, F.A.C., has been

26 delegated shall, consistent with Section 17-4.245(3)(b), F.A.C.,
27 review and approve as appropriate the preventative measures as
28 part of the stormwater permit application or surface water

19 management permit application.
30 (c) Underground storage facilities. An underground storage

31 facility includes any enclosed structure, container, tank or

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other enclosed stationary devices used for storage or containment

of pollutants as defined in Section 376.301(12), F.S., or any

contaminant as defined in Section 403.031(1), F.S. Nothing in

this paragraph is intended to include septic tanks, enclosed

transformers or other similarly enclosed underground facilities.

1. New underground storage facilities within five year

zones of protection as specified in Section 17-3.403(7)(a) and

(8), F.A.C., shall meet the following requirements:

a. Double-walled tank with a continuous leak detection

system in between the walls, or

b. An impervious secondary containment having monitoring

well(s) or continuously operating leak detector located therein,

and

c. All integral piping systems shall be double-walled or

lie within an impervious secondary containment and have a

continuously operating leak detector between the walls or within

the secondary containment, or

d. All integral piping systems shall lie within an

impervious underground catchment basin with a single monitoring

well or detector.

2. Existing underground storage facilities within five year

zones of protection as specified in Section 17-3.403(7)(a) and

(8), F.A.C., not meeting the construction retrofit requirements

of Chapter 17-61, F.A.C., on the effective date of aquifer

reclassification as Class G-I by the Commission shall be

retrofitted in accordance with the time table in Chapter 17-61,

F.A.C., and shall also meet the requirements for new facilities

under 1. above.

3. Existing underground storage facilities within five year

zones of protection as specified in Section 17-3.403(7)(a) and

(8), F.A.C., meeting the construction retrofit requirements of

q. 3 /




1 Chapter 17-61, F.A.C., on the effective date of aquifer

2 reclassification as Class G-I by the Commission are exempt from

3 the requirements of (3)(c)1. above.

S4 4. All fuel storage facilities specifically exempted in
5 Chapter 17-61, F.A.C, or which the applicability section of

6 Chapter 17-61 exclude, are likewise exempted from the

7 requirements of this section.
8 5. Nothing herein shall be construed to relieve facilities

9 subject to Chapter 17-61, F.A.C., requirements from complying
10 with the requirements of that chapter.

11 (d) Underground facilities for transportation of waste

12 water or pollutants as defined in Section '376.301(12), F.S. or

13 any contaminant as defined in Section 403.031(1), F.S., excluding

14 natural and liquified petroleum gas. Underground facilities for
15 transportation of waste effluent or pollutants or contaminants

16 include piping, sewer lines, and ducts or other conveyences

'7 designed to transport pollutants as defined in Section
18 376.301(12), F.S., and contaminants as defined in Section

19 403.031(1), F.S. Integral piping included with the underground
20 storage facility in (c) above are excluded from this subsection.
21 1. New underground facilities for transportation of domestic

22 raw waste water within five year zones of protection as specified

23 in Section 17-3.403(7)(a) and (8), F.A.C., shall be constructed

24 not to allow leakage of more than 50 gallons per inch of pipe

25 diameter per mile per day into the soil or ground water. An
26 applicable Department permit shall be obtained which shall
27 contain construction specifications.

28 2. New underground facilities for transportation of

-2 9 industrial waste streams within five year zones of protection as
30 specified in Section 17-3.403(7)(a) and (8), F.A.C., shall be

31 constructed not to allow leakage of more than 25 gallons per inch

qf. 5




1 of pipe diameter per mile per day into the soil or ground water.

2 These facilities, however, shall not cause violations of ground

3 water quality standards (as referenced in Section 17-3.404,
"' 4 F.A.C.). An applicable Department permit shall be obtained which

5 shall contain construction specifications.

6 3. New underground facilities for transportation of

7 pollutants as defined in Section 376.301(12), F.S., or any
8 contaminant as defined in Section 403.031(1), F.S. within five

9 year zones of protection as specified in Section 17-3.403(7)(a)
10 and (8), F.A.C., shall be constructed to ensure no leakage into

11 the soil or ground water.
12 (e) Discharge to ground water from Department approved

13 remedial corrective actions for contaminated sites located within

14 G-I zones of protection shall not be subject to the G-I discharge

15 criteria.
16 (f) Local governments' wellfield protection ordinances. It

.7 is the intent of the Department to be as flexible as technically
18 feasible in accepting local ordinances that offer equivalent

19 protection to the G-I rule in protecting the ground water

20 resources.

21 1. Areas within the jurisdiction of a local government

22 having a local ground water protection ordinance that offer

23 equivalent protection to the Department's G-I criteria shall be

24 exempt from the requirements of Section 17-4.245(3), F.A.C.

25 2. The Department retains the authority for periodic review

26 of a ground water protection program's operation to ensure
27 adequate implementation by a local government.
28 3. Exemption from the G-I criteria of an area covered by an

-.9 approved ground water protection ordinance shall not be exempted

30 from implementation of G-II criteria by the Department or by an
31 approved local program through delegation pursuant to Section

L7(53





1 403.182, F.S.

2 4. A local government with a ground water protection

3 ordinance desiring exemption from the Department's G-I criteria
4 shall submit the necessary documentation and rationale (see 5.

5 below) for evaluation of equivalency by the Department. The

6 Department shall evaluate the local ordinance for equivalency
7 with the G-I criteria. If equivalent, the ordinance shall be

8 approved through rulemaking by the Secretary, and shall be listed

9 as exempted herein.
10 5. The following criteria shall be utilized by the

11 Department in evaluating the adequacy of an ordinance/program in
12 protecting the ground water:

13 a. The ordinance/program must have a clear effect of

14 prevention of ground water contamination.
15 b. The local government must have adequate resources to
16 implement the program.

17 c. The local government must have legal authority for

18 implementation and enforcement of the ordinance.

19 d. The program must have a sound technical basis.

20 e. The program must provide adequate protection against all

21 significant point and non-point sources of pollution.

22 f. The size(s) of the zones of protection must be large

23 enough to enable the local government to respond to contamination

24 incidents in a timely manner.

25 g. The program must consider local hydrogeological
26 conditions.

27 h. The program must consider projected water use, land use,
28 and growth patterns.

('029 (4)(a) through (8) No change.

30 Specific Authority: 403.061, 403.062, 403.087, 403.504, 403.704,

31 403.804, 403.805, F.S.

LW3fL




J.AW L.UiJ.3i~n.Ie u: aJu.v .L, .u.J.o.L, U.I.U O/I, uj.uoo, 4UJ.lUL,

2 403.121, 403.141, 403.161, 403.182, 403.201, 403.502, 403.504,

3 403.702, 403.708, F.S.

4 History: New 3-1-79, Amended 1-1-83, 7-18-85,
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