Title: Specific Permits; Requirements - Installations , Discharging to Ground Water; Permitting and Monitoring Requirements
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Permanent Link: http://ufdc.ufl.edu/WL00004316/00001
 Material Information
Title: Specific Permits; Requirements - Installations , Discharging to Ground Water; Permitting and Monitoring Requirements
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Specific Permits; Requirements - Installations , Discharging to Ground Water; Permitting and Monitoring Requirements (JDV Box 89)
General Note: Box 19, Folder 11 ( Groundwater Discharge Permitting Materials Solid & Hazardous Waste Management Short Course - 1989 ), Item 10
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004316
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




DEPARTMENT OF ENVIRONMENTAL REGULATION


and depth for all water supply wells on the
applicant's property, and well location for all water
supply wells of public record within a 1000 fool
radius of the proposed well;
(e) Description and use of proposed injection
system, including type and construction of injection
wells, physical and chemical analyses, estimated
quantity, pertinent bacteriological analyses of
injected fluid, and any proposed pretreatment;
(r) Proposed drilling and testing plan for any
exploratory borehole or exploratory well proposed
for the purpose of determining feasibility of Class V
well injection at that site;
(g) If the flow of surface or other waters is
directed by ditches or other artificial methods to the
well, a delineation of the area drained by these
features shall be provided.
(2) The applicant may be requested to submit to
the Department the following information before
receiving permission to construct:
(a) Completed report of inspection by local
programs or water management districts which
have agreements with the Department.
(b) Bacteriological examination of the injection
fluid, on-site monitor wells, and the nearest
down-gradient domestic or public water supply
well within a 1000 foot radius that are drilled to the
same formations) as the proposed Class V well.
The bacteriological survey shall be conducted as
follows:
1. Samples shall be collected from each well for
the first three days of each week for four weeks.
2. Duplicate samples shall be collected in each
case after the well has been pumped at least twenty
minutes. Whenever a drainage well installation is
approved following preliminary bacteriological
survey of neighboring water supply wells, an
identical survey of the same well shall be conducted
following active use of the drainage well.
(c) If a drainage well or drainage structure will
present a possible pollution hazard to an
underground source of drinking water, additional
data may be required.
(3) Upon completion of the well construction,
the driller shall certify with the Department that the
well has been completed in acordance with the
approved construction plan, and submit any other
additional information required by the construction
permit before the well can be put into service.
(4) The Department may issue an authorization
to use, which is non-renewable and non-expiring.
The authorization may contain" operatingg and
reporting requirements. A
(5) Initial and/or period testing of the well
may be required for all Class V wells.
Speri/K Autmhriy 373.309. 40..061, 403.087. 403.101
FS Law Implemened .37..308. 373.311, 401.021.
403.061, 403.062. 401.087, 401.088, 403.101, 403.161
FS. Hisory-New 4-1-82, Amended 8-30-82.
Transferred Inmn 17-4.27(2) and Amended 5-8-85.
Formerly 17-28.62.


17-28.630 Operating Permit for Class V
Wells.
(1) In addition to a Construction/Clearance
Permit, the owner or operator of these wells:
(a) Shall obtain an operating permit for otmling
water return flow wells on an open-looped system,
with additives; Group 3 wells except for swimming
pool drainage wells; and Group 4 wells;
(b) May be required to obtain an operating
permit for sand backfill and Group 6 wells;
(c) Are not required to obtain operating permits
for wells in Groups 1, 2, and 5 with the exception of
cooling water return flow wells on an open-looped
system.
(2) Operating permits shall be issued for a
period no to exceed five years.
(3) At least 60 days prior to expiration of an
operating permit, the owner or operator shall apply
for renewal of his permit.
Soi,.fa Authority 373.309 40.1.0,. 40..087, 401. 101
FS. Law Implemente 373.309 37.17.31.1 40.3.021.
401.061,. 40.1.062 41.087. 40.1.088. 40.1.101, 40.1.161
S. Hisaory-New 4-1-82, Amended 5-8-85. ,roincrly
17-28.6.1.
17-28.640 Plugging and Abandonment
Permit for Class V Wells.
(1) The owner or operator of any Class V well
shall apply for a Plugging and Abandonment
Permit when the well is no longer used or usable for
its intended purpose or other purpose as approved
by the Department. The Application shall include
the proposed plugging plan and justification for
abandonment. Plugging shall be performed by a
State Licensed Water Well Contractor.
(2) Upon completion of plugging and
abandonment procedures, the engineer of record
shall provide certification of completion in
accordance with the plans and specifications.
(3) The owner or operator of any Class V well
may be required to provide evidence, such as
sealed copy of certification from the county clerk,
that a surveyor's plot of the location of the
abandoned well has been recorded in the county
courthouse property records.
Specifc Authority 373.309, 403.061, 403.087. 403.101
FS. Law Implemeted 373.309, 37..313. 403.021.
403.061. 403.062, 40..087, 40..088, 40.1I01. 40.1.16
FS. Hisory-New 4-1-82. Amended 5--85, Formerly
17.28.64.
PART VII SPECIFIC PERMITS;
REQUIREMENTS
17-28.700 Installation Discharging to
Ground Water, Permitting and Monitoring
Requirements
(1) Statement of Intent and Definitions.
(a) It is the intent of the Department whenever
possible to incorporate ground water discharge


(. 9/88)
17-28.700


V. 9, p. 534







UNDERGROUND IN


w


S V. 9, p. 534-1


considerations into other appropriate Department
permits, and not to require a separate permit for
ground water discharges; provided, however, that
any published notice of proposed agency action shall
contain notice that ground water considerations are
being incorporated into such other permits.
(b) It is also the intent of the Department, in
implementing the ground water provisions of this
Chapter, to coordinate, cooperate, and, where
feasible, enter into interagency agreements with the
various water management districts that are vitally
concerned with maintaining ground water quality.
(c) For the purposes of this rule "Existing
Installation" shall mean any installation having
filed a complete application for a water discharge
permit on or before January 1, 1983, or in fact
discharging to ground water on or before July 1,
1982. "Existing Installation" shall not include any
installation under Department Order to obtain a
ground water permit. Any installation under
Department Order to obtain a ground water permit
which submits a complete application for a round
water permit by January 1, 1983, shall comply with
monitoring and zone of discharge requirements
applicable to new installations and shall be
prohibited from causing a violation of secondary
drinking water standards outside a zone of
discharge if specified by Department permit
pursuant to Rule 17-28.700(8), FAC. For other
terms in this rule, the definitions contained in
Chapter 17-3, F. A. C., shall prevail over any
inconsistent definitions established elsewhere by
Department rule.
(d) Eistig installations discharging to Class
G-I ground water are exempt from compliance
with secondary standards outside of a ane of
discharge obtained by Department permit or rule
except where compliance is required pursuant to
Rule 17-28.700(8), FAC.
(2) General Prohibitions and Eemptions.
(a) Unless exempted by subsection (c) below or
by Rule 17-4.243, F. A. C., no installation shall
discharge into ground water, either directly or
indirectly, any mntaminant that causes a violation
in the water quality standards and criteria for the
receiving ground water a established in Chapter
17-3, Part IV, F. A. C., except within a ane of
discharge established by permit or rule pursuant to
this rule.
(b) No one of discharge shall be allowed under
any of the following circumstances
1. Discharges through wells or sinkholes that
allow direct contact with Class G-I and Class G-II
ground water, except for projects designed to
recharge aquifers with surface water of comparable
quality, or projects designed to transfer water across
or between aquifers of comprabl quality for the
purpose of storage or consvation.
2. Discharges that m cause an imminent
hazard to the public or the environment through
contamination of underground supplies of driving
water or surface water affected by the ground water.
S (c) The following installations are exempt from


(R. 12/88)
SECTION CONTROL 17-28.700

obtaining zones of discharge in order to discharge to
ground water-
1. Installations discharging into Class G-III
ground water, as long as the discharge does not
threaten to impair the designated use of adjacent
waters and as long as such discharges comply with
the requirements of Chapter 17-28, F. A. C., if
applicable.
2. Installations discharging into Class G-IV
ground water, as long as such discharges comply
with the requirements in Chapter 17-28, F. A. C.
3. Reverse osmosis installations operated to
render water fit for human consumption and which
dispose non-hazardous reverse osmosis concentrate
through land application operations; provided the
applicant demonstrates that the receiving surficial
aquifer exhibits a natural total dissolved solids
concentration exceeding 1500 mg/l. Reverse
osmosis installations discharging to such aquifers
are prohibited from causing a violation of the
primary or secondary drinking water standards at
any private or public water supply well outside of
the installation's property boundary.
(3) Dimensions of Zones of Discharge for Class
G-I Ground Water. No zone of discharge shall be
allowed into Class G-I ground water, except as
follows:
(a) Domestic wastewater and stormwater sites
authorized by Department permit or rule shall have
ones of discharge extending no more than 100 feet
from the site boundary or to the installation's
property boundary, whichever is less, unless a
smaller aoe of discharge is necessary to protect the
designated use of adjacent waters outside the one of

(b) Other discharge sites may be granted zones
of discharge of the same size as those in subsection
(a) if the discharges are as dean as the domestic
waste in chemical, physical and microbiological
quality treated to the degree required in Rule
17-6.080(3Xa), F. A. C.
(c) Installations authorized to discharge to
ground water at the time of its redasification to
Clas G-I by the Commission shall meet the same
requirents a existing instalations in G-II
ground water as described in subsection (4)(b)
below however, should such existing installations
wish to increase the discharge volume or change the
compo tion of the waste stream above permitted
levels as of the date of G-I classification, the waste
stream shall be distinctly separate from the existing
stream and shall meet all provisions applicable to
new installations discharging to G-I ground water
as described in subsection (a) or (b) above.
(4) Dimensions of Zones of Discharge to Class
G-II and Class G-III Ground Water. Upon
affirmative demonstration by an installation owner
that a ground water discharge will not impair the
designated uses of contiguous waters outside a zone
of discharge, the Department shall establish a zone
of discharge for Class G- ground water and,
where appropriate pursuant to subsection (2)(c)1,
above, Class G-IH ground water, in one of the
following manners






(R. 12/88)
17-28.700 DEPARTMENT OF ENVIRON

(a) A zone of discharge for any installation that
is not an existing installation as defined herein shall
be established in accordance with subsection 1. or 2.
below, and subsection 3. if applicable, at the permit
applicant's option, but the zone of discharge shall
not extend beyond the permit applicant's property
boundary:
1. The Department may establish a zone of
discharge larger than that provided in subsection 2.
below upon an affirmative demonstration by the
applicant that:
a. The size and shape of the requested zone of
discharge will not cause violations of applicable
ground water standards in present and future
potable water supplies; and
b. The size and shape of the requested zone of
discharge will not interfere with existing uses or the
designated use of contiguous waters, or cause a
violation of applicable surface water quality criteria
of contiguous waters outside a permitted mixing
zone and
c. The economic and social benefits of
compliance with the standards for a zone of
discharge of larger dimensions than those in
subsection 2. below are higher than the economic,
social and environmental costs resulting from the
larger zone of discharge.
2. Any applicant seeking a oneof discharge and
not electing to use the above procedure shall have a
zone of discharge established by the Department.
The boundary of the zone of discharge shall be 100
feet from the site boundary or to the installation's
property boundary, whichever is less, unless a
smaller ne of discharge is necessary to pro the
designated use of contiguous waters.
3. Where multiple sites occur within dos
proximity, a single zone of discharge for the sites
may be established in the same manner a either
sumbection 1. or 2. above.
(b) Existing installations shall have the zone of
discharge specified in the permit orextending to the
owner's property line if no ne of discharge is
defined in the permit, until such time as the permit
is renewed or modified as providedn subsection (5)
below.
(c) Unless a permit defying a zone of discharge
is otherwise required by Deparmental rule, the
following installation shall not be required to
obtain a permit establishing a oe of discharge:
1. Agicultural fields, ditches ad canals;
2. Livestock waste lagoons exempted from
permitting under Rule 17-6.300, F. A. C.; and
3. Stormwater facilities. These installaio
shall have a sone of discharge of 10 Iet from the
site or to the installation's pr boundary,
whichever is less, unless a diffret zone is specified
in any apppriate Department permit If the
discharge from the installation threatens to violate
ground water standards at the boundary of the azne
of discharge, or otherwise threatens to impair the
designated use of contiguous waters, the
Department shall require the installation owner to
obtain a ground water permit if he has none, define
an appropriate zone of discharge or modify it if a


IF


MENTAL REGULATION V. 9, p. 534-2

permit exists, and institute appropriate monitoring
plans pursuant to subsection (6) below.
(5) Permit Renewal and Modification
Procedures. Permits for installations discharging
into ground water shall be renewed or modified in
the following manner
(a) Permits shall be renewed at the time
specified in the permit unless a modification is
sought pursuant to subsection (b) below. If no time
is specified in the permit, the renewal shall be in
conjunction with renewal of any other appropriate
Department permit, or January 1, 1988, whichever
is sooner.
(b) At any time, including the time of permit
renewal, the Department may order or a permit
holder may petition for modification of the zone of
discharge or monitoring requirements for any of the
following reasons, in addition to reasons contained
in Rule 17-4.080, F. A. C.:
1. Monitoring data indicates that the discharge
plume has resulted or may in the foreseeable future
result in a violation of applicable water quality
standards beyond the boundary of the existing zone
of discharge; or
2. Continuation of the existing zone of discharge
will impair the designated use of underground
sources of drinking water or the surface waters
immediately affected by the ground water; or
3. Continuation of the existing zone will result
in an imminent threat to public health or the
environment; or
4. A aone of discharge smaller than the existing
zone will afford necessary protection to the water
resources at a cost that is commensurate with the
benefits to the public of such additional protection;
or
5. The monitoring data provided by the
insallatin owner are inadequate to allow a
determination of complian with applicable zone
of discharge limitations and the owner fails to
provide reasonable additional data requested by the
Department; or
6. A change in the chemical, physical or
microbiological competition, or the volume or the
location of the discharge, ne states a changein the
oane of discharge or the monitoring scheme to assure

(c) Unless modified pursuant to subsection (b)
above, a permit holder shall continue to have the
same sne of discharge in the new permit as that
allowed in the existing permit. If no one of
discharge is specified in the exiting permit, the new
permit shall specify the boundary of the zone of
discharge.
(d) If a modification is requested pursuant to
subsection (b), a zone of discharge shall be
established in the following manner
1. The modification request may be made by
either the Department or the installation owner,
and shall be based upon a showing that one of the
conditions in subrcions (b)l.-6. has occurred.
2. Once the party seeking the modification has
established that one of the conditions in subsections
(b)l.-6. has occurred, the Department shall






V. 9, p. 534-2A UNDERGROUND IN

modify the zone of discharge or monitoring
requirements in a manner to assure that none of the
conditions in subsections (b)l.-3. will occur, based
upon the monitoring data received pursuant to the
monitoring program implemented pursuant to
subsection (6) below.


J


(R. 12/88)
SECTION CONTROL 17-28.700

3. No zone shall be modified to allow the zone to
extend beyond the limits of the installation owner's
property line except as provided in subsection 4.
below.
4. Upon affirmative demonstration by the owner
of an existing installation, after an opportunity for a






V. 9, p. 534-3


UNDERGROUND Ih


public hearing, after written notification to owners
of property underlain by the proposed zone of
discharge and after public notice in the Florida
Administrative Weekly and in a newspaper of
general circulation in the area in which the zone of
discharge is proposed, the owner may request that
the zone of discharge be modified to extend beyond
his property boundary for certain specified water
quality parameters, provided that the following
conditions are met:
a. The discharge will not significantly impair
any of the designated uses of the receiving ground
water or surface water; and
b. The discharge will not in the foreseeable
future result in a violation of applicable ground
water standards in a currently utilized source of
drinking water outside the anne of discharge; and
c. The discharge will not prevent persons within
the proposed zone of discharge from enjoying the
reasonable and beneficial use of their property. If
the application is granted, it shall be recorded in the
property records of affected parcels by the recipient
of the exemptions.
(6) Monitoring Requirements and Exemptions.
(a) Statement of intent The purpose of
monitoring is to ensure that the permitting of ones
of discharge, or exemptions therefrom, will not
cause a violation of ground water standards.
Monitoring is intended to allow a predictive
evaluation of the movement and composition of the
discharge plume. Efforts shall be made in all cases to
minimize the number and cost of monitoring wells
consistent with the ability to obtain reliable
information.
(b) General requirements. Unless otherwise
exempted by the Deparunent, any installation
discharging into ground water shall establish a
monitoring program as provided below. However, a
monitoring program instituted under some other
State, Federal, or local governmental regulation or
permit may be substituted for this program if it is in
substantial compliance with this subsection.
(c) Plan submission and timetable. The
following timetables shall apply:
1. New installations shall submit to the
Department monitoring plans in conjunction with
permit applications.
2. Existing installations shall submit to the
Department an acceptable monitoring plan on or
before the date set in the following timetable:


TYPE OF
DISCHARGE
A. Organic Waste
B. Inorganic Waste
C. Landfills (Both
Domestic and
Industrial)
D. Industrial Scic
Tanks i
E. Pulp and Paper
F. Phosphogypsum
Stacks and Ponds
G. Laundries


DATE
January 1983
April 1983


May 1983

August 1983
August 1983

September 1983
October 1983


(R. 9/8)
IJEClON CONTROL 17-28.700

H. Oil and Gas
Producers December 1983
I. Citrus December 1983
J. Food and Beverages January 1984
K. Domestic Waste February 1984
L. Power Plants February 1984
M. Others March 1984
N. Mining and
Minerals March 1984
3. Installations exempt from obtaining permits
to discharge to ground water are required to develop
a monitoring plan only upon Department order that
the installation owner obtain a permit defining
ground water discharge.
(d) Monitoring plan contents. Using part or all
of the information listed from subsections 1. through
13. below, the installation owner shall provide the
Department with a plan containing findings,
recommendations and plans for ground water
monitoring derived from site specific information.
The plan shall show the locations) of the proposed
unaffected natural background and downgradient
monitor wellss, construction details of the monitor
well(s) and a water sampling and chemical analysis
protocol which can determine background quality
of the ground water in the vicinity of the site and any
deviations in the receiving quality of the ground
water in the downgradient monitor well(s). The
Department will evaluate the adequacy of the plan
upon submittal; however, it is desirable for the
applicant to arrange a preapplication meeting with
the Department to resolve the needed information at
an early stage of application preparation. The
following information is the type generally required
for detailed assessment of the most complex plans,
with less complex cases not needing this degree of
evaluation:
1. Hydrogeoogical, physical and chemical data
for the site, induding-
a. Direction and rate of ground water flow, and
background ground water quality;
b. Porosity, horizontal and vertical permeability
for the aquifer(s) and the depth to, and lithology of,
the first confining bed(s);
c. Vertical permeability, thickness, and extent of
any confining beds;
d. Topography, soil information and surface
water drainage systems surrounding the site;
2. Waste disposal rate and frequency, chemical
composition, method of discharge, pond volume,
spray-field dimension, or other applicable site
specific information;
3. Toxicity of waste;
4. Present and anticipated wastewater volume,
seepage rate to the receiving ground water, physical,
chemical, microbiological (whichever is applicable)
characteristics of the leachate;
5. Disposal system water balance;
6. Present and reasonably expected future
pollution sources located within one mile radius of
the site;
7. Inventory depth, construction details, and
cones of depression of water supply wells and








DEPARTMENT OF ENVIRONMENTAL REGULATION


monitor wells located within one mile radius of the
site or potentially affected by the discharge;
8. Site specific economic and feasibility
considerations;
9. Chronological information on water levels in
the monitor wells and water quality data on water
supplies collected from the water supply and
monitor wells;
10. Type and number of waste disposal facilities
within the installation;
11. Chronological information on surface water
flows and water quality upstream and downstream
from the site;
12. Construction and operation details of
disposal facilities;
13. History of construction and land
development in the vicinity of the site.
(e) Plan approval. Within 90 days of the date of
the Department's receipt of a completed monitoring
plan from existing installations described above in
subsection (c)2. above, or at the time of permit
issuance or denial, whichever is appropriate, the
Department shall either approve or deny the
monitoring plan.
(f) Implementation of monitoring program. The
installation owner shall initiate implementation of
the monitoring program based upon the plan within
90 days of the date an appropriate permit is issued.
In the case of an existing installation, the owner
shall initiate implementation within 90 days after
submission and Department approval pursuant to
the timetable in subsection (c)2. above. If the
Department determines from the monitoring plan
that the discharge will not impair the designated use
of the underlying ground water, the Department
may exempt the installation owner from
implementing a monitoring program.
(g) Location of monitoring wells to detect
migration of contaminants. Unless the installation
owner can demonstrate that detection can be
obtained by a methodology other than the use of
monitoring wells, wells shall be located as follows:
1. One well located in a manner to determine the
natural unaffected background quality of the
ground water;
2. One well at the edge of the one of discharge
downgradient from the discharge site;
3. One intermediate well downgradient from the
site and within the aone of discharge designed to
detect the chemical, physical and microbiological (if
applicable) characteristics of the discharge plume;
and
4. Such other wells as are dictated by the
complexity of the hydrogeology of the site, the
magnitude and direction of the plume or the
likelihood of threat to the public health, to ensure
adequate and reliable monitoring data in generally
accepted engineering or hydro-geological practice.
(h) Special monitoring requirements for Class
G-III ground water. Discharges to Class G-III
ground water shall be monitored to assure
compliance with the standards in Rule 17-3.402, F.
A. C.; alternatively, the permitted may institute a
ground water monitoring program which shall


demonstrate that the criteria in Rule 17-3.402, F. A.
C., are not violated.
(i) Special monitoring requirements for Class
G-IV ground water. The Department shall specify
applicable monitoring criteria on a case-by-case
basis for installations which discharge to Class
G-IV waters in confined aquifers.
(j) Monitoring exemptions. The Department
shall exempt the following installations from
ground water monitoring requirements:
1. Domestic sewage treatment installations with
less than 100,000 gpd design capacity; stormwater
facilities; agricultural fields, ditches and canals; and
livestock waste lagoons exempted from permitting
under Rule 17-6.300, F. A. C.; as long as the
discharges present no potential hazard to human
health or the environment, or endanger a source of
drinking water; and as long as the facilities do not
discharge directly to ground water.
2. Wastewater ponds, cooling ponds, or other
discharge waters meeting the minimum criteria of
Rule 17-3.402, F. A. C., and the applicable
standards for the receiving ground water and
contiguous surface waters; provided, however, that
if necessary to ensure that the water quality criteria
and standards are being met, the Department may
require the installation owner to determine the
background water quality of the receiving ground
water and regularly sample the quality of the
discharge prior to contact with ground water.
(k) Reporting requirements. Installations
required to monitor shall submit the following
reports:
1. Within 90 days from the date of plan approval
by the Department, the permitted shall submit a
report stating the volume and chemical, physical
and microbiological composition of the discharge at
the point of release or contact with the ground water
at the site boundary.
2. On a quarterly basis thereafter, or such other
frequency specified in the permit, the permitted
shall submit reports from the discharge site and all
monitoring wells indicating the type, number and
concentration of discharge constituents or
parameters indicated by the report in 1. above that
have been approved by the Department as
appropriate criteria to monitor in the monitoring
program based upon their potential to exceed the
minimum criteria contained in Rule 17-3.402, F. A.
C., and the appropriate standards for the particular
class of water adjacent to the zone of discharge as
described in Rules 17.3.404 through 17-3.406, F.
A. C. The report shall also state what is the current
nature of the discharge plume relative to the
previous report with regard to its size, direction and
rate of movement.
3. At any time there is a change in the permitted
volume, location or chemical, physical and
microbiological composition of the discharge plume,
the permitted shall notify the Department and, if
requested by the Department, submit a new report
containing the information required in subsection 1.
above.
(7) Corrective Action. Whether or not an


(. 9/U8)
17-28.700


V. 9, p. 534-4





(A 9/2?)
UNDUIGROUND INJZCION CONTROL 17-2L700


V. 9, p. 534-5


installation is operating under a currently valid
Department permit, the Department may order the
installation owner to take corrective action under
the following circumsances:
(a) Where the installation is discharging into the
ground water in a manner which represents an
imminent hazard to public health, the Department
shall require the installation owner to take
immediate acon to remove or reduce the hazard in
such a way as to prevent any threat to the public
health and the environment. Such action may
include but not be limited to clean up of the aquifer,
cessation of the discharge, or confinement or
containment of the waste plume.
(b) Where no imminent hazard exists, but the
plume has extended beyond the zone of discharge or
otherwise threatens or is likely to threaten in the
foreseeable future to impair the designated use of an
underground source of drinking water or surface
water immediately affected by the ground water, the
Department shall require the installation owner to
take appropriate action to clean up, increase the
degree of treatment prior to discharge, contain or
otherwise correct the violation of water quality
standards. The type of corrective action shall be
based upon the following factors:
1. Direction of the plume movement in
relationship to existing and potential sources of
drinking water;
2. Plume size both in the area and vertical
dimensions;
3. Rate of migration of the plume;
4. Level of toxicity of the plume;
5. Rate at which the plume is being diluted;
6. The costs of clean up or other corrective action
in comparison with the benefits to the public of such
corrective action; and
7. Current and projected future use of adjacent
ground and surface waters affected by the plume.
(8) Exempuons from Secondary Drinking
Water Standards Outside a Zone of Discharge in
Class G-II Ground Water.
(a) An existing installation discharging to Class
G-II ground water is exempt from compliance with
secondary drinking water standards unless the
Department determines that compliance with one
or more secondary standards by a particular
existing installation is necessary to protect ground
water used or reasonably likely to be used as a
potable water source. Such determination shall be
based upon:
1. A determination that the portion of the
aquifer(s) reasonably likely to be affected by the
discharge:
a. is used as apotable water source. or
b. is identifiedin a planning document as a
future potable walker source by a state agency, water
management district, regional water supply
authority or local government, and is reasonably
likely to be used as such.
2. A site specific hydrogeologic characterization
of the receiving aquifer which defines:
a. direction and rate of ground water flow, and
b. depth and degree of confinement.


3. A waste stream characterization, site specific
hydrogeologic characterization, and review of
monitoring data which demonstrates that the
discharge is likely to cause a violation of one or more
secondary standards outside the some of discharge
in:
a. the portion of the receiving aquifer identified
in l.b. above, or
b. a known public or private potable water
supply well.
(b) The permitted can avoid application of one
or more secondary standards upon an affirmative
demonstration that the economic, social, and
environmental costs outweigh the economic, social,
and environmental benefits of compliance; provided
however that such demonstration shall not operate
to relieve the permitted from compliance with
paragraph (f) below.
(c) The Department shall review available data
to determine the need for compliance with
secondary standards upon permit renewal.
(d) Upon determination by the Department that
an existing installation must comply with one or
more secondary standards, the Department shall
revoke the exemption and require compliance or
corrective action considering the factors in Rule
17.28.700(7)(b), FAC. Such revocation shall be
included in an appropriate Department permit as a
specific condition after February 1, 1988.
(e) Secndary drinking water standards
constituents may be included as waste
characterization, monitoring, and indicator
parameters as specified by permit.
(f) All installations discharging to Class G-II
ground water are prohibited from causing a
violation of the secondary drinking water standards
at any private or public water supply well outside
the zone of discharge.
(g) Failure of an existing installation to submit
monitoring data to the Department as required
pursuant to any permit addressing ground water
shall be a basis for removal of that installation's
secondary standards exemption. The installation
may regain such exemption at such time as it can
demonstrate compliance with monitoring
requirements, unless removal of the exemption is
otherwise authorized pursuant to this rule.
(h) Existing cooling ponds approved by the
Department for treatment of thermal discharges to
surface water as defined in Rule 17-3.050(1)(c)(iii),
F. A. C., are exempt from secondary standards so
long as the cooling pond waters are monitored
pursuant to Department permit to ensure that the
pond does not impair the designated use of adjacent
and affected ground waters and surface waters
impacted by the ground water. In addition, the
Secretary may order such monitoring of ground
waters as may be reasonably necessary to ensure
that the designated use of affected ground waters
and surface waters is not impaired.
Specific .Authorit 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. 403.101. 403.121.
403.141. 403.161. 403.182 403.201. 403.502. 403.504.






DIPARTMANT OF ENVIRONMENTAL RZGUIA7ION


403.702. 403.708 FS. Hisry--New 3--.79, Amended
1.143, 7.1845. 7.947, 2.1148, Trandaerrd frm
17-4.245, Amended 11.-238.
aihy Sfer new Gree and Phasto, Frida's New
Groundwater Regui ios, 57 F. Bar J. 345 (Mary,
193S).
ANtOTAITSO

Paoqphe miA sa a-b hed o replace amsie
mine where phosphate resrere dwrindali was ao
e in imallad for purpose ograndfaiheriag afm
under frm ERC gra d waw rul. Grandfather
dause st me t eraa intsmi a, atiedocr ao ri deamay
inemlanst under order ofDeparnmtat tob ai gpoumd
war permit. Periiomer had permit o buid dam around
slim ppond but it wamaNiaet upon obtainigground
wawerpomit Thereore, mare did m S Bt under "'imd
isalolaD" ertuin nd mum aeply with current
pound waer did uideines Cre-
vtmam', Inc. Mabil Chmial Csmpay, App,
(Ira) 41 So. 2d 10 (INS), .., 9 FALR 5371 (1987).
Pmpo ed amdm
See Alliance for Rational Ground Water Rules and
Adam Smith Emerprises. Inc. v Deparmeant of
Environmental Regulion (DOAH 86-4492R). 10
FALR 2419 (198B).
Zme ddichrge
Although a e of didlage may be appopriae ad
allowed under specific fac srinamos, here is no
enutement to mo of disdchau under former F A. C.
Rule 17-4.245 /misakenly stasd as 17-4.425 i the nal
order]. Since direr didac e to ground water will ao
occur in proposed lake m, me of discharge is
approprie in stuatio presented here. Flid. Widlife
Federation, Inc Admiral Corporaton and St. Johns
River Water Management District (DOAH 86.3272),
- FALR (1987).
PART VI GENERAL PERMITS
17-28.801 Geeral Permit for the
Construction of a Closed Loop Air Conditioning
Return Flow Well
(1) A general permit is hereby granted to any
person for the construction of a publicly or privately
owned closed loop air conditioning return flow well
that has been designed in accordance with the
standards and criteria set forth in Florida
Administrative Code Rule 17-28.520, provided
that:
(a) Notice to the Department under Florida
Administrative Code Rule 17-4.530(1) is submitted
on Form 17-1.209(10).
(2) This general permit is subject to the general
conditions of Florida Administrative Code Rule
17-4.540 and the following spUific conditions:
(a) Within thirty days of completion of
construction, the permitted or his engineer of record
shall certify to the Department that the permitted
construction is complete and that it was done in
accordance with the plans submitted to the
Department.
(b) This general permit is limited to closed loop
systems with no provisions for additives.
(3) Florida Administrative Code Rule


17-28.610(4) and (5) apply to dosed loop air
conditioning return flow wells operating under a
general permit.
SpecLic Authority 373.309, 403.061, 403.087, 403.101
FS Law Implmeanted 373.309, 373.313, 403.021,
403.031, 403.02, 403.087, 403.101, 403.813 FS.
Hisry--New 54458, Formerly 17-4.73, Tranrered
rum 17-4.730.
17-2.802 General Permit fr the
Coatruction of a Swimming Pool Drainage
Well
(1) A general permit is hereby granted to any
person for construction of a public or privately
owned swimming pool drainage well that has been
designed in accordance with the standards and
criteria set forth in Florida Administrative Code
Rule 17-28.520, provided that
(a) Notice to the Department under Florida
Administrative Code Rule 17-4.530(1) is submitted
on Form 17-1.209(10).
(2) This general permit is subject to the general
conditions of Florida Administrative Code Rule
17-4.540 and the following specific condition:
(a) Within thirty days of completion of
construction, the permitted or his engineer of record
shall certify to the Department that the permitted
construction is complete and that it was done in
accordance with the plans submitted to the
Department.
(3) Florida Administrative Code Rule
17-28.610(4) and (5) apply to swimming pool
drainage wells operating under a general permit.
Specific Authority 373.309, 403.061, 403.087, 403.101
FS. Law Implmented 373.309, 373.313, 403.021,
403.031, 403.062, 403.087, 403.101, 403.813 FS.
History-New 5-8-85, Formerly 17-4.74, Transferred
Irm 17-4.740.

17-2822 General Permit for a Pesticide
Waste Degradation System.
(1) A general permit is hereby granted to any
person for the construction and operation of a
pesticide waste degradation system for the
evaporation and degradation of pesticide rinse
water generated in the cleaning of pesticide
application equipment, which has been designed
and is operated in accordance with the provisions of
Rule 17-28.822(3)-(6), F. A. C., provided that all of
the following conditions are met.
(a) There is no discharge of water or pesticide
from the system to the surface or ground water, or to
soil outside of the tank;
(b) The owner of the system charges no fee for
use of the system;
(c) The owner of the system notifies the
appropriate Department District Office within two
working days in the event of a leak or spill in excess
of twenty-five gallons associated with the facility or
within thirty days in the event that the ownership of
the facility is changed;
(d) Permittee owns the land upon which the
system is to be built or provides a copy of a legal
agreement with the owner of the land which
specifies that the land owner will be responsible for


(. 9/9)
17-28.22


V.9, p. s54-6




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