Title: Water Quality Standards
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Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00004317/00001
 Material Information
Title: Water Quality Standards
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Water Quality Standards (JDV Box 89)
General Note: Box 19, Folder 11 ( Groundwater Discharge Permitting Materials Solid & Hazardous Waste Management Short Course - 1989 ), Item 11
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004317
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





WATER QUALITY STANDARDS


17-3.180 Test Wells and Borings.
Specific Authority 403.061 FS. Law implemented
403.0021 403061. 40101, 403.182 FS. Histor-
Formerly 28-5.18. Repealed 3-1-79. Formerly 17-3.18.
17-3.190 Abandoned Wells.
Specific Authority 403.061 FS. Law Implemented
403.021. 403.061 FS. History-Formerly 28-5.19.
Repealed 3-1-79, Formerly 17.3.19.
17-3.200 Pollution Survey.
Specific Authority 403.061 FS. Law Implemented
403.021. 403.061. 403.101, 403.182 FS. Historv-
Formerlv 28-5.20, Amended and Renumbered as
17-4.247. 3-1-79. Formerly 17-3.20.-
17-3.210 Clamified Waters.
Specific Authority 403.061 FS. Law Implemented
403.021. 403.061 FS. Historv-Forerlv 28-5.21.
amendedd 6-10-72. 10-24-74. .mended and Renumbered
as 17-3.161. 3.1-79. Formerly 17-3.21.
17-3.220 Application Forms.
Specific Authority 403.061(7) FS. Law Implemened
120.53(1). 403.061(15), 403.061(16) FS. Histor'-New
4-2-77. Transferred to 17-1.12(1)..2-18-79. Fonnerh
1-3.22.
PART IV WATER QUALITY CRITERIA -
GROUND WATER
17-3.401 Ground Water: General
(1) This pan contains criteria which are
applicable to ground water.
(2) In order to determine if the ground water
criteria in this part are being met. ground water
quality shall be monitored in accordance with this
rule and Rule 17-4.245. F. A. C.
(3) A violation of any ground water criterion
contained in this part constitutes pollution.
(4) In addition to any technology-based effluent
limitations required by Department rule. the
Department may also specify water quality-based
effluent limitations to assure that the water quality
criteria will be met.
5) Notwithstanding the classification and
criteria for ground water set forth in this pan.
discharge to ground water shall not impair the
designated use of contiguous surface water.
t6) Compliance with ground water standards
shall be determined by analyses of unfiltered ground
water samples. unless a filtered sample is as or more
representative of the particular ground water
qualt\.
i-) For owners of installations having filed a
tompiete application for a Chapter 403 permit
coverine water discharges as of January 1. 1983. or
discharging pollutants to ground water as of Julv 1.
1982. compliance with the minimum criteria set
torth in Rule 17-3.402, F. A. C.. shall be determined
b\ analysis of the constituents of the waste stream
of the installation causing the discharge; provided.
however, that the installation owner may, at his
opton. place a monitoring well immediately outside
the site boundary to measure compliance with the
minimum criteria, as long as the discharge poses no
danger to the public health, safety or welfare.
.pec, .Authorin 403.061. 40.3062 403.08 403.504.


403.704. 403.804 FS. Law Implemented 403.021.
403.061. 403.087. 403.088. 403.141. 403.161. 403.182.
403.50Z 403.702. 403.708 FS. Hisaonr-Formerlt
17-3.071. Amended and Renumbered 1-1-83.
17-3.402 Minimum Criteria for Ground
Water.
(1) All ground water shall at all places and at all
times be free from domestic, industrial, agricultural.
or other man-induced non-thermal components of
discharges in concentrations which, alone or in
combination with other substances, or components
of discharges (whether thermal or non-thermal):
(a) Are harmful to plants. animals, or organisms
that are native to the soil and responsible for
treatment or stabilization of the discharge relied
upon by Department permits: or
(b) Are carcinogenic. mutagenic. teratogenic. or
toxic to human beings. unless specific criteria are
established for such components in Rule 17-3.404:
or
(c) Are acutely toxic to indigenous species of
significance to the aquatic community within
surface waters affected by the ground water at the
point of contact with surface waters: or
(d) Pose a serious danger to the public health.
safety, or welfare: or
(e) Create or constitute a nuisance: or
(f) Impair the reasonable and beneficial use of
adjacent waters.
(2) The minimum criteria shall not apply to
Class G-IV ground water. unless the Department
determines there is a danger to the public health.
safety or welfare.
(3) The following procedures shall apply in the
implementation of subsection (I)(b
(a) The Secretary is authorized to make
determinations, in individual permitting or
enforcement proceedings. that a particular level for
a substance is a prohibited concentration in
violation of a minimum criterion pursuant to
subsection (1)(b). This determination may not be
delegated to the districts.
(b) Any notice of proposed agency action
published pursuant to Rule 17-1.62. F. A. C.. which
contains such a determination shall include
notification of the particular substance and
prohibited concentration level being proposed. The
notice shall be submitted to the Florida
Administrative Weekly at the time it is sent to the
permit applicant for publication.
(c) The Department shall notify the
Commission semiannually of every application of a
determination to a discharger made by the Secretary
during the preceding six months pursuant to
subsection (a) for any constituent and concentration
level not adopted by the Commission as a rule. The
notification shall identify the discharger(s) to whom
the application of a determination has been made.
the type of industry, the constituent and
concentration level set and a summary of the basis
for the determination. At the written request of the
Commission or any substantially affected member
of the public, the Department shall, within 120 days
of the written request. submit to the Florida


V. 9, p. 171






(.L 9/9)
17-3.403


DEPARTMENT OF ENVIRONMENTAL REGULATION


Administrative Weekly a notice of rulemaking
pursuant to Section 120.54(1), F. S., on the
determination for the particular constituent and
concentration level that is the subject of a
notification in the preceding sentence.
(d) The application of the determination under
paragraph (a) to the permitted or to other affected
dischargers shall be subject to:
1. Modification where necessary to conform to
any final rulemaking action of the Commission
under subsection (c); or
2. Withdrawal if the Commission elects not to
adopt a corresponding rule after initiation of
rulemaking for the constituent under subsection (c).
(e) The notice procedures contained in
subsection (3) shall no t a as a stay of Department
enforcement proceedings.
(f) Once a particular standard for a criterion is
established by the Commission. it shall be listed in
subsection (g) below.
(g) (Reservedl
Specific Authority 403.061. 403.062. 403.087. 403.504.
403.704. 403.804 FS. Law Implemenied 403.021.
403.061. 403.087. 403.0M, 403.141. 403.161. 403.182.
403.02. 403.702. 403.708 FS. Hisrar--Formerly
17-3.051. .mended and Renumbered 1-1-83.
Library efer es Florida's new groundwater
reutlaimns. William H. Green and William D. Preston.
57 Fla. Bar 345 (May. 1983).
ANNOTA2TONS
"Fre-rorm ruk
DE 's minimum criteria for ground water quality.
found at Rule 17-3.402(1)(), F.A.C. does not prohibit
discharge of any amount, no matter how miniscule. of
deleterious substances. but rather prohibits discharge only
in concentrations sufficient c mause one or more of the
environmental harms enumeraed in Rule
173.402(l)(a-f), F.A.C. Thus, miniscule negliible.
leakage or discharge alone, without showing of
environmental harm. is not ground for denial of
application for landfill. Huesman v. WAC of Okaloosa
Country. Inc.. 11 FALR 3777 (1989).
17-3.403 Classification of Ground Water,
Usage, Reclaificatiom.
(1) All ground water of the State is classified
according to designated uses as follows:
CLASS G-I Potable water use.
ground water in single
source aquifers which
has a total dissolved
solids content of less
than 3.000 mg/l.
CLASS G-II Potable water use.
ground water in
aquifers which has a
total dissolved solids
content of less than
10.000 mg/l. unless
otherwise classified by
the Commission.
CLASS G-I Non-potable water
use. ground water in
unconfined aquifers
which has a total
dissolved solids content


of 10.000 mg/I or
greater, or which has
total dissolved solids of
3,000-10,000 mg/l and
either has been
reclassified by the
Commission as having
no reasonable potential
as a future source of
drinking water, or has
been designated by the
Department as an
exempted aquifer
pursuant to Rule
17-28.130(3). F. A. C.
CLASS G.IV Non-potable water
use. ground waters in
confined aquifers
which has a total
dissolved solids content
of 10.000 mg I or
greater.
(2) It shall be the Department policy to afford
the highest protection to single source aquifers.
Upon petition by an affected party as provided in
subsection (6). the Commission may reclassify
aquifers or portions of aquifers as Class G-I ground
water.
(3) The specific water qualify criteria
corresponding to each ground water classification
are listed in Rules 17.3.404-17.3.406. F. A. C.
(4) Ground water quality classifications are
arranged in order of the degree of protection
required, with Class G-I ground water having
generally the most stringent water quality criteria
and Class G-IV the least.
(5) Reclassification of ground water as provided
in subsection (1) above shall be accomplished in the
following manner:
(a) Any substantially affected person or a water
management district may seek reclassification of
any ground water of the State by filing a petition
with the Secretary in the form required by Rule
17-1.240. F. A. C. In addition, the Department. on
its own initiative or at the direction of the
Commission. may seek reclassification by initiating
rulemaking pursuant to Rule 17-1.060. F. .. C.
(b) A petition for reclassification shall contain
the information necessary to support the affirmative
findings required in this rule.
(c) All reclassifications of ground water of the
State shall be adopted after public notice, written
notification to local governments whose jurisdiction
includes any portion of the ground water proposed
to be reclassified, and public hearing only upon an
affirmative finding by the Commission that:
1. The proposed reclassification will establish
the present and future most beneficial use of the
ground water: and
2. Such a reclassification is clearly in the public
interest.
(d) Reclassification of ground water of the State
which establishes more stringent. or less stringent.
criteria than presently established by this Chapter
shall be adopted upon additional affirmative finding


V. 9, p. 172


-M




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