Florida Regulations 62-620.100: Scope/Applicability/References
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(1) Scope. This chapter sets forth the procedures to obtain a permit to construct, modify, or operate a wastewater facility or activity which discharges wastes into waters of the State or which will reasonably be expected to be a source of water pollution. It also includes requirements and procedures for establishing permit limitations and conditions, issuance or denial of a permit, extension, renewal or revision of a permit, suspension or revocation of a permit, and transfer of a permit to a new owner. It contains requirements for monitoring and reporting after the permit is issued, and lists the forms needed to apply for a permit and to report the results of testing and monitoring required by this chapter.
(2) Applicability.
(a) Where there are conflicts with other existing specific or general rules of the Department, the requirements and procedures set forth in this chapter shall supersede all other procedures and requirements for wastewater facilities or activities.
(b) Requirements in this chapter shall apply to domestic or industrial wastewater facilities which discharge wastes into waters or which can reasonably be expected to be a source of pollution.
(c) The permitting procedures of this chapter apply to stormwater discharges regulated under Florida Statutes § 403.0885 It is the intent of this chapter as to stormwater discharges to implement the substantive requirements of the Federal NPDES stormwater program.
(d) The requirements of this chapter are in addition to and not in lieu of the requirements of Part IV of Florida Statutes Chapter 373
(e) This chapter does not apply to septic tank drainfield systems and other on-site sewage treatment and disposal systems with subsurface disposal if:
1. The system serves the complete wastewater needs of an establishment with a design capacity of 10,000 gallons per day or less of domestic wastewater, or
2. The system serves the complete wastewater needs of a commercial establishment with a design capacity of 5,000 gallons per day or less of commercial wastewater.
(f) For information purposes, the systems included in paragraph (e) of this rule, are permitted by the State of Florida Department of Health in accordance with the requirements of Fl. Admin. Code Chapter 64E-6 For these systems the Department shall use subsection 64E-6.008(1), F.A.C., for determining the estimated volume of sewage from an establishment.
(g) This chapter does not apply to permitting of wastewater collection systems and transmission facilities.
(h) This chapter applies to discharges from mobile point sources such as seafood processing rigs, seafood processing vessels, aggregate plants, oil and gas exploratory drilling rigs, or oil and gas developmental drilling rigs. It does not apply to discharges of sewage from vessels regulated by the U.S. Coast Guard under section 312 of the CWA.
(i) For wastewater facilities which have both an existing Federal NPDES permit for which the Department has been granted administrative authority and an existing Department-issued permit for the same discharge to surface waters, the Department shall, after the implementation of this rule, revise those permits by issuing a letter to the permittee combining the two permits into one Department-issued permit. The letter revising the permits shall change the issuing agency name, include DEP Form 62-620.910(10) for reporting monitoring information, contain an expiration date for the combined permit, incorporate all of the permit conditions of both permits, and state that if there are conflicts between permit conditions, the more stringent condition shall supersede the less stringent. The existing permits shall be revised as follows:
1. If the permittee has either, but not both, a Department-issued construction or operating permit, the expiration date of the combined permit shall be based on the earlier of the two expiration dates of the Department or the Federal NPDES permit.
2. If the permittee has a Department-issued temporary operating permit, the letter combining the permit conditions of both permits shall include as an enclosure an Administrative Order setting forth the schedule for compliance with the permit conditions.
3. If the permittee has both a Department-issued construction permit and a Department-issued operating permit, the letter shall combine the Federal NPDES and the Department operating permit conditions and establish the expiration date using the earlier of the dates from the Federal NPDES or the Department operating permit. The existing construction permit shall remain in effect until it expires and shall not be renewed or reissued.
(j) For wastewater facilities which have a Federal NPDES permit only, the Department shall, after implementation of this rule, revise the permit by issuing a letter to the permittee. The letter revising the permit shall change the name of the issuing agency and include DEP Form 62-620.910(10) for reporting monitoring information to the Department.
(k) On the date this rule is implemented, applications for renewal of permits to discharge wastes into surface waters which have been filed prior to the implementation date with either EPA or the Department shall be processed as follows:
1. If the application is for renewal of an existing Federal NPDES permit, the Department shall, within 60 days of the implementation date of this rule, send a letter to the permittee requesting payment of the application processing fee set forth in Fl. Admin. Code R. 62-4.050, unless there is pending an application for renewal of a Department permit for which the fee has been paid. On receipt of the application processing fee the Department shall process the application in accordance with Fl. Admin. Code R. 62-620.510, and shall request additional information necessary to meet the requirements of this chapter. The Department shall not require the applicant to submit a new application form under this chapter.
2. If the application is for renewal of an existing Department permit, the Department shall, within 60 days of the implementation date of this rule, send a letter to the permittee advising him to amend his application for renewal to meet the requirements of this chapter. The Department shall not require the applicant to submit a new application form under this chapter. However, the applicant shall provide additional information requested by the Department in accordance with Fl. Admin. Code R. 62-620.510, to meet the requirements of this chapter.
3. The existing Federal NPDES permit and Department-issued permit, for which application for renewal was timely, shall remain in effect, as revised under paragraph (i), of this rule, until processing has been completed on the renewal in accordance with Fl. Admin. Code R. 62-620.335, and this subsection.
(l) If a pending application is for the initial issuance or substantial revision of a Federal NPDES permit, the Department shall follow the procedures set forth in subparagraph (k)1., above, and the application shall be processed under this chapter. If a pending application is for the initial issuance or substantial revision of a Department permit, the Department shall follow the procedures set forth in subparagraph (k)2., above, and the application shall be processed under this chapter. In either case, the Department shall not require the applicant to submit a new application form under this chapter.
(m) A permit authorizing a discharge solely to ground water shall remain in effect until the expiration date in the permit. If a permit application is being processed on the date this rule is implemented, the Department shall follow the procedures set forth in subparagraph (k)2., above, and the application shall be processed under the requirements of this chapter. The Department shall not require the applicant to submit a new application form under this chapter.
(n) If an application for renewal of a permit is filed in accordance with Fl. Admin. Code R. 62-4.090, within 180 days of implementation of this rule chapter, it shall be deemed to be a timely application for the purposes of the existing permit remaining in effect until processing has been completed on the application under Fl. Admin. Code R. 62-620.335
(o) Conditional exclusion for “”no exposure”” of industrial activities and materials to stormwater. Discharges composed entirely of stormwater are not stormwater discharges associated with industrial activity if there is “”no exposure”” of industrial materials and activities to precipitation and/or runoff, and the discharger satisfies the conditions in subparagraphs (o)1. through (o)3., of this rule. “”No exposure”” means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to precipitation and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product.
1. Qualification. To qualify for this exclusion, the operator of the discharge must:
a. Provide a storm resistant shelter to protect industrial materials and activities from exposure to precipitation and runoff,
b. Submit to the Department a completed and signed Form 62-620.910(17), entitled “”No Exposure Certification for Exclusion from NPDES Stormwater Permitting,”” effective 2-17-09, incorporated by reference and made part of this chapter, certifying that there are no discharges of stormwater contaminated by exposure to industrial materials and activities from the entire facility, except as provided in subparagraph (o)2., of this rule. This form may be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website. The completed and signed Form 62-620.910(17), and certification fee as required by subFl. Admin. Code R. 62-4.050(4)(d)3., must be submitted either by mail to: Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; or electronically using the Department’s Interactive Notice of Intent (iNOI) at http://www.dep.state.fl.us/water/stormwater/npdes/,
c. Renew the certification every 5 years on or before the expiration of each 5 year interval by filing a new completed and signed Form 62-620.910(17) effective 2-17-09, and certification fee as required by subFl. Admin. Code R. 62-4.050(4)(d)3., either by mail to the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or electronically using the Department’s Interactive Notice of Intent (iNOI) at http://www.dep.state.fl.us/water/stormwater/npdes/,
d. Allow the Department or its agents to inspect the facility to determine compliance with the “”no exposure”” conditions; and,
e. For facilities that discharge through a Municipal Separate Storm Sewer System (MS4), submit a copy of the certification of “”no exposure”” to the MS4 operator, as well as allow inspection and public reporting by the MS4 operator.
2. Industrial materials and activities not requiring storm resistant shelter. To qualify for this exclusion, storm resistant shelter is not required for:
a. Drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak (“”Sealed”” means banded or otherwise secured and without operational taps or valves),
b. Adequately maintained vehicles used in material handling; and,
c. Final products, other than products that would be mobilized in stormwater discharge (e.g., rock salt).
3. Limitations. This conditional exclusion from stormwater permitting under this chapter and/or Fl. Admin. Code Chapter 62-621, is not available:
a. For stormwater discharges from construction activities,
b. For individual outfalls. The exclusion is available on a facility-wide basis only,
c. If circumstances change and industrial materials or activities become exposed to precipitation and/or runoff, the conditions for this exclusion no longer apply. In such cases, the discharge becomes subject to enforcement for un-permitted discharge. Any conditionally excluded discharger who anticipates changes in circumstances should apply for and obtain permit authorization prior to the change of circumstances; and,
d. Notwithstanding the provisions of this paragraph, the Department retains the authority to require permit authorization (and deny this exclusion) upon making a determination that the discharge causes or contributes to the violation of an applicable water quality standard, including designated uses.
(3) References. The Department adopts and incorporates by reference the following sections of Title 40 of the Code of Federal Regulations (CFR) revised as of July 1, 2009, or later as specifically indicated, and the Department Guide to Permitting Wastewater Facilities or Activities Under Fl. Admin. Code Chapter 62-620, dated 7-10-06. Copies of these documents may be obtained by writing the Department of Environmental Protection, Bureau of Water Facilities Regulation, 2600 Blair Stone Road, MS 3535, Tallahassee, Florida 32399-2400.
(a) 40 C.F.R. part 122, Appendix A, which lists the NPDES primary industry categories.
(b) 40 C.F.R. part 122, Appendix D, which contains NPDES permit application testing requirements.
(c) 40 C.F.R. part 125, subpart G, which contains the criteria for requesting a modification of secondary treatment requirements under section 301(h) of the Clean Water Act.
(d) 40 C.F.R. part 125, subpart D, which contains the criteria and standards for determining fundamentally different factors under sections 301(b)(1)(A), 301(b)(2)(A) and (E) of the Clean Water Act.
(e) 40 C.F.R. part 125, subpart C, which contains the criteria for extending compliance dates for facilities installing innovative technology under section 301(k) of the Clean Water Act.
(f) 40 C.F.R. part 125, subpart H, which contains the criteria for determining alternative effluent limitations under section 316(a) of the Clean Water Act.
(g) 40 C.F.R. § 133.102(a)(4) and (b), which contains the level of effluent quality required for Carbonaceous Biochemical Oxygen Demand (CBOD5) and for Suspended Solids, which for purposes of this rule means Total Suspended Solids (TSS).
(h) 40 C.F.R. part 125, subpart A, which contains guidelines for using best professional judgment to develop technology-based effluent limitations on a case-by-case basis.
(i) 40 C.F.R. § 122.26, which contains criteria and guidance for permitting of stormwater discharges.
(j) 40 C.F.R. § 136, Guidelines for Establishing Test Procedures for the Analysis of Pollutants, revised as of July 1, 2020, (http://www.flrules.org/Gateway/reference.asp?No=Ref-13640), and as amended effective July 19, 2021, at 86 FR 95, pages 27237 through 27260, (http://www.flrules.org/Gateway/reference.asp?No=Ref-13640).
(k) 40 C.F.R. § 401.15, which contains the list of toxic pollutants promulgated under the section 307(a)(1) of the CWA.
(l) 40 C.F.R. § 122.21(g)(7), solely for the purpose of and only those portions that allow establishment of site-specific sampling procedures for stormwater discharges.
(m) 40 C.F.R. § 122.44(k), which contains guidelines for requiring best management practices (BMPs) for facilities and activities regulated under Florida Statutes § 403.0885
(n) 40 C.F.R. § 122.28(b)(3), which contains certain criteria for requiring individual permits.
(o) 40 C.F.R. § 124.66, which contains special procedures for decisions on thermal variance under section 316(a) of the CWA.
(p) The Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Fl. Admin. Code Chapter 62-620, 7-10-06.
(q) For the special case of open ocean dischargers, 40 C.F.R. § 133.103(d), which contains the authorization to substitute a lower percent removal requirement or mass loading limit for BOD and TSS limitations for otherwise applicable requirements.
(r) 40 C.F.R. § 122.21(a)(1), solely for the purpose of establishing a duty for concentrated animal feeding operations to apply for a permit.
(s) 40 C.F.R. § 122.21(i)(1), containing permit application requirements for concentrated animal feeding operations.
(t) 40 C.F.R. § 122.23(a) through (g), containing the scope, permit requirements, determinations, dates for permit applications and definitions for concentrated animal feeding operations.
(u) 40 C.F.R. § 122.63(h), making it a minor permit modification to incorporate changes to a nutrient management plan.
(v) 40 C.F.R. § 412, containing effluent guidelines and standards for concentrated animal feeding operations (CAFO) point source category.
(w) 40 C.F.R. § 122.42(e) containing additional conditions that apply to concentrated animal feeding operation NPDES permits.
(x) 40 C.F.R. § 125.122 which contains the determination of unreasonable degradation of marine environment.
(y) 40 C.F.R. part 125 subpart I, revised as of July 1, 2013, amended August 15, 2014, at 79 FR 158, pages 48429 through 48430, http://www.flrules.org/Gateway/reference.asp?No=Ref-05086, and http://www.flrules.org/Gateway/reference.asp?No=Ref-05087, containing requirements applicable to cooling water intake structures for new facilities under section 316(b) of the Clean Water Act. This rule shall be effective on June 24, 2015.
(z) 40 C.F.R. § 125 subpart J, amended August 15, 2014, at 79 FR 158, pages 48430 through 48439, http://www.flrules.org/Gateway/reference.asp?No=Ref-05087, containing requirements applicable to cooling water intake structures for existing facilities under section 316(b) of the Clean Water Act. This rule shall be effective on June 24, 2015.
(aa) 40 C.F.R. § 122.21(r), revised as of July 1, 2013 and amended August 15, 2014, at 79 FR 158, pages 48424 through 48429, http://www.flrules.org/Gateway/reference.asp?No=Ref-05085, and http://www.flrules.org/Gateway/reference.asp?No=Ref-05087, containing application requirements for facilities with cooling water intake structures. This rule shall be effective on June 24, 2015.
(bb) 40 C.F.R. § 127, subpart A (except paragraph 127.1(a)(6)), subpart B (except paragraph 127.11(a)(2)), and 40 C.F.R. § 127.24, adopted October 22, 2015, at 80 FR 64063, pages 64102 through 64106, http://www.flrules.org/Gateway/reference.asp?No=Ref-07244, containing requirements for electronic reporting of NPDES information from NPDES-regulated entities.
(cc) Appendix A to 40 C.F.R. § 127, adopted October 22, 2015, at 80 FR 64063, pages 64108 through 64156, http://www.flrules.org/Gateway/reference.asp?No=Ref-07244, containing the information NPDES-regulated entities must electronically report and the minimum set of NPDES data that must be entered in or transferred to EPA’s national NPDES data system.
(dd) 40 C.F.R. § 403.12, paragraphs (e)(1), (h), and (i), amended October 22, 2015, at 80 FR 64063, page 64157, http://www.flrules.org/Gateway/reference.asp?No=Ref-07244, containing pretreatment program electronic reporting requirements for publically owned treatment works (POTWs) and industrial users.
(4) When used in any of the sections adopted from Title 40 of the Code of Federal Regulations (CFR) the following shall apply:
(a) EPA shall mean the Department; and,
(b) Regional Administrator, Director or State Director shall mean the Secretary of the Department or the Secretary’s designee where appropriate.
Rulemaking Authority 403.061, 403.087, 403.0885, 403.8055 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History-New 11-29-94, Amended 12-24-96, 3-2-00, 10-22-00, 10-23-00, 6-1-01, 8-25-03, 12-8-03, 12-23-04, 2-7-06, 3-13-06, 6-19-06, 7-10-06, 10-16-07, 11-28-07, 2-17-09, 3-15-10. 2-14-13, 6-24-15, 8-16-16, 4-6-18, 10-8-21.
(a) Where there are conflicts with other existing specific or general rules of the Department, the requirements and procedures set forth in this chapter shall supersede all other procedures and requirements for wastewater facilities or activities.
(b) Requirements in this chapter shall apply to domestic or industrial wastewater facilities which discharge wastes into waters or which can reasonably be expected to be a source of pollution.
(c) The permitting procedures of this chapter apply to stormwater discharges regulated under Florida Statutes § 403.0885 It is the intent of this chapter as to stormwater discharges to implement the substantive requirements of the Federal NPDES stormwater program.
(d) The requirements of this chapter are in addition to and not in lieu of the requirements of Part IV of Florida Statutes Chapter 373
(e) This chapter does not apply to septic tank drainfield systems and other on-site sewage treatment and disposal systems with subsurface disposal if:
1. The system serves the complete wastewater needs of an establishment with a design capacity of 10,000 gallons per day or less of domestic wastewater, or
2. The system serves the complete wastewater needs of a commercial establishment with a design capacity of 5,000 gallons per day or less of commercial wastewater.
(f) For information purposes, the systems included in paragraph (e) of this rule, are permitted by the State of Florida Department of Health in accordance with the requirements of Fl. Admin. Code Chapter 64E-6 For these systems the Department shall use subsection 64E-6.008(1), F.A.C., for determining the estimated volume of sewage from an establishment.
(g) This chapter does not apply to permitting of wastewater collection systems and transmission facilities.
(h) This chapter applies to discharges from mobile point sources such as seafood processing rigs, seafood processing vessels, aggregate plants, oil and gas exploratory drilling rigs, or oil and gas developmental drilling rigs. It does not apply to discharges of sewage from vessels regulated by the U.S. Coast Guard under section 312 of the CWA.
(i) For wastewater facilities which have both an existing Federal NPDES permit for which the Department has been granted administrative authority and an existing Department-issued permit for the same discharge to surface waters, the Department shall, after the implementation of this rule, revise those permits by issuing a letter to the permittee combining the two permits into one Department-issued permit. The letter revising the permits shall change the issuing agency name, include DEP Form 62-620.910(10) for reporting monitoring information, contain an expiration date for the combined permit, incorporate all of the permit conditions of both permits, and state that if there are conflicts between permit conditions, the more stringent condition shall supersede the less stringent. The existing permits shall be revised as follows:
1. If the permittee has either, but not both, a Department-issued construction or operating permit, the expiration date of the combined permit shall be based on the earlier of the two expiration dates of the Department or the Federal NPDES permit.
2. If the permittee has a Department-issued temporary operating permit, the letter combining the permit conditions of both permits shall include as an enclosure an Administrative Order setting forth the schedule for compliance with the permit conditions.
3. If the permittee has both a Department-issued construction permit and a Department-issued operating permit, the letter shall combine the Federal NPDES and the Department operating permit conditions and establish the expiration date using the earlier of the dates from the Federal NPDES or the Department operating permit. The existing construction permit shall remain in effect until it expires and shall not be renewed or reissued.
(j) For wastewater facilities which have a Federal NPDES permit only, the Department shall, after implementation of this rule, revise the permit by issuing a letter to the permittee. The letter revising the permit shall change the name of the issuing agency and include DEP Form 62-620.910(10) for reporting monitoring information to the Department.
(k) On the date this rule is implemented, applications for renewal of permits to discharge wastes into surface waters which have been filed prior to the implementation date with either EPA or the Department shall be processed as follows:
1. If the application is for renewal of an existing Federal NPDES permit, the Department shall, within 60 days of the implementation date of this rule, send a letter to the permittee requesting payment of the application processing fee set forth in Fl. Admin. Code R. 62-4.050, unless there is pending an application for renewal of a Department permit for which the fee has been paid. On receipt of the application processing fee the Department shall process the application in accordance with Fl. Admin. Code R. 62-620.510, and shall request additional information necessary to meet the requirements of this chapter. The Department shall not require the applicant to submit a new application form under this chapter.
2. If the application is for renewal of an existing Department permit, the Department shall, within 60 days of the implementation date of this rule, send a letter to the permittee advising him to amend his application for renewal to meet the requirements of this chapter. The Department shall not require the applicant to submit a new application form under this chapter. However, the applicant shall provide additional information requested by the Department in accordance with Fl. Admin. Code R. 62-620.510, to meet the requirements of this chapter.
3. The existing Federal NPDES permit and Department-issued permit, for which application for renewal was timely, shall remain in effect, as revised under paragraph (i), of this rule, until processing has been completed on the renewal in accordance with Fl. Admin. Code R. 62-620.335, and this subsection.
(l) If a pending application is for the initial issuance or substantial revision of a Federal NPDES permit, the Department shall follow the procedures set forth in subparagraph (k)1., above, and the application shall be processed under this chapter. If a pending application is for the initial issuance or substantial revision of a Department permit, the Department shall follow the procedures set forth in subparagraph (k)2., above, and the application shall be processed under this chapter. In either case, the Department shall not require the applicant to submit a new application form under this chapter.
(m) A permit authorizing a discharge solely to ground water shall remain in effect until the expiration date in the permit. If a permit application is being processed on the date this rule is implemented, the Department shall follow the procedures set forth in subparagraph (k)2., above, and the application shall be processed under the requirements of this chapter. The Department shall not require the applicant to submit a new application form under this chapter.
(n) If an application for renewal of a permit is filed in accordance with Fl. Admin. Code R. 62-4.090, within 180 days of implementation of this rule chapter, it shall be deemed to be a timely application for the purposes of the existing permit remaining in effect until processing has been completed on the application under Fl. Admin. Code R. 62-620.335
(o) Conditional exclusion for “”no exposure”” of industrial activities and materials to stormwater. Discharges composed entirely of stormwater are not stormwater discharges associated with industrial activity if there is “”no exposure”” of industrial materials and activities to precipitation and/or runoff, and the discharger satisfies the conditions in subparagraphs (o)1. through (o)3., of this rule. “”No exposure”” means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to precipitation and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product.
1. Qualification. To qualify for this exclusion, the operator of the discharge must:
a. Provide a storm resistant shelter to protect industrial materials and activities from exposure to precipitation and runoff,
b. Submit to the Department a completed and signed Form 62-620.910(17), entitled “”No Exposure Certification for Exclusion from NPDES Stormwater Permitting,”” effective 2-17-09, incorporated by reference and made part of this chapter, certifying that there are no discharges of stormwater contaminated by exposure to industrial materials and activities from the entire facility, except as provided in subparagraph (o)2., of this rule. This form may be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website. The completed and signed Form 62-620.910(17), and certification fee as required by subFl. Admin. Code R. 62-4.050(4)(d)3., must be submitted either by mail to: Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; or electronically using the Department’s Interactive Notice of Intent (iNOI) at http://www.dep.state.fl.us/water/stormwater/npdes/,
c. Renew the certification every 5 years on or before the expiration of each 5 year interval by filing a new completed and signed Form 62-620.910(17) effective 2-17-09, and certification fee as required by subFl. Admin. Code R. 62-4.050(4)(d)3., either by mail to the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or electronically using the Department’s Interactive Notice of Intent (iNOI) at http://www.dep.state.fl.us/water/stormwater/npdes/,
d. Allow the Department or its agents to inspect the facility to determine compliance with the “”no exposure”” conditions; and,
e. For facilities that discharge through a Municipal Separate Storm Sewer System (MS4), submit a copy of the certification of “”no exposure”” to the MS4 operator, as well as allow inspection and public reporting by the MS4 operator.
2. Industrial materials and activities not requiring storm resistant shelter. To qualify for this exclusion, storm resistant shelter is not required for:
a. Drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak (“”Sealed”” means banded or otherwise secured and without operational taps or valves),
b. Adequately maintained vehicles used in material handling; and,
c. Final products, other than products that would be mobilized in stormwater discharge (e.g., rock salt).
3. Limitations. This conditional exclusion from stormwater permitting under this chapter and/or Fl. Admin. Code Chapter 62-621, is not available:
a. For stormwater discharges from construction activities,
b. For individual outfalls. The exclusion is available on a facility-wide basis only,
c. If circumstances change and industrial materials or activities become exposed to precipitation and/or runoff, the conditions for this exclusion no longer apply. In such cases, the discharge becomes subject to enforcement for un-permitted discharge. Any conditionally excluded discharger who anticipates changes in circumstances should apply for and obtain permit authorization prior to the change of circumstances; and,
d. Notwithstanding the provisions of this paragraph, the Department retains the authority to require permit authorization (and deny this exclusion) upon making a determination that the discharge causes or contributes to the violation of an applicable water quality standard, including designated uses.
(3) References. The Department adopts and incorporates by reference the following sections of Title 40 of the Code of Federal Regulations (CFR) revised as of July 1, 2009, or later as specifically indicated, and the Department Guide to Permitting Wastewater Facilities or Activities Under Fl. Admin. Code Chapter 62-620, dated 7-10-06. Copies of these documents may be obtained by writing the Department of Environmental Protection, Bureau of Water Facilities Regulation, 2600 Blair Stone Road, MS 3535, Tallahassee, Florida 32399-2400.
(a) 40 C.F.R. part 122, Appendix A, which lists the NPDES primary industry categories.
(b) 40 C.F.R. part 122, Appendix D, which contains NPDES permit application testing requirements.
(c) 40 C.F.R. part 125, subpart G, which contains the criteria for requesting a modification of secondary treatment requirements under section 301(h) of the Clean Water Act.
(d) 40 C.F.R. part 125, subpart D, which contains the criteria and standards for determining fundamentally different factors under sections 301(b)(1)(A), 301(b)(2)(A) and (E) of the Clean Water Act.
(e) 40 C.F.R. part 125, subpart C, which contains the criteria for extending compliance dates for facilities installing innovative technology under section 301(k) of the Clean Water Act.
(f) 40 C.F.R. part 125, subpart H, which contains the criteria for determining alternative effluent limitations under section 316(a) of the Clean Water Act.
(g) 40 C.F.R. § 133.102(a)(4) and (b), which contains the level of effluent quality required for Carbonaceous Biochemical Oxygen Demand (CBOD5) and for Suspended Solids, which for purposes of this rule means Total Suspended Solids (TSS).
(h) 40 C.F.R. part 125, subpart A, which contains guidelines for using best professional judgment to develop technology-based effluent limitations on a case-by-case basis.
(i) 40 C.F.R. § 122.26, which contains criteria and guidance for permitting of stormwater discharges.
(j) 40 C.F.R. § 136, Guidelines for Establishing Test Procedures for the Analysis of Pollutants, revised as of July 1, 2020, (http://www.flrules.org/Gateway/reference.asp?No=Ref-13640), and as amended effective July 19, 2021, at 86 FR 95, pages 27237 through 27260, (http://www.flrules.org/Gateway/reference.asp?No=Ref-13640).
(k) 40 C.F.R. § 401.15, which contains the list of toxic pollutants promulgated under the section 307(a)(1) of the CWA.
(l) 40 C.F.R. § 122.21(g)(7), solely for the purpose of and only those portions that allow establishment of site-specific sampling procedures for stormwater discharges.
(m) 40 C.F.R. § 122.44(k), which contains guidelines for requiring best management practices (BMPs) for facilities and activities regulated under Florida Statutes § 403.0885
(n) 40 C.F.R. § 122.28(b)(3), which contains certain criteria for requiring individual permits.
(o) 40 C.F.R. § 124.66, which contains special procedures for decisions on thermal variance under section 316(a) of the CWA.
(p) The Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Fl. Admin. Code Chapter 62-620, 7-10-06.
(q) For the special case of open ocean dischargers, 40 C.F.R. § 133.103(d), which contains the authorization to substitute a lower percent removal requirement or mass loading limit for BOD and TSS limitations for otherwise applicable requirements.
(r) 40 C.F.R. § 122.21(a)(1), solely for the purpose of establishing a duty for concentrated animal feeding operations to apply for a permit.
(s) 40 C.F.R. § 122.21(i)(1), containing permit application requirements for concentrated animal feeding operations.
(t) 40 C.F.R. § 122.23(a) through (g), containing the scope, permit requirements, determinations, dates for permit applications and definitions for concentrated animal feeding operations.
(u) 40 C.F.R. § 122.63(h), making it a minor permit modification to incorporate changes to a nutrient management plan.
(v) 40 C.F.R. § 412, containing effluent guidelines and standards for concentrated animal feeding operations (CAFO) point source category.
(w) 40 C.F.R. § 122.42(e) containing additional conditions that apply to concentrated animal feeding operation NPDES permits.
(x) 40 C.F.R. § 125.122 which contains the determination of unreasonable degradation of marine environment.
(y) 40 C.F.R. part 125 subpart I, revised as of July 1, 2013, amended August 15, 2014, at 79 FR 158, pages 48429 through 48430, http://www.flrules.org/Gateway/reference.asp?No=Ref-05086, and http://www.flrules.org/Gateway/reference.asp?No=Ref-05087, containing requirements applicable to cooling water intake structures for new facilities under section 316(b) of the Clean Water Act. This rule shall be effective on June 24, 2015.
(z) 40 C.F.R. § 125 subpart J, amended August 15, 2014, at 79 FR 158, pages 48430 through 48439, http://www.flrules.org/Gateway/reference.asp?No=Ref-05087, containing requirements applicable to cooling water intake structures for existing facilities under section 316(b) of the Clean Water Act. This rule shall be effective on June 24, 2015.
(aa) 40 C.F.R. § 122.21(r), revised as of July 1, 2013 and amended August 15, 2014, at 79 FR 158, pages 48424 through 48429, http://www.flrules.org/Gateway/reference.asp?No=Ref-05085, and http://www.flrules.org/Gateway/reference.asp?No=Ref-05087, containing application requirements for facilities with cooling water intake structures. This rule shall be effective on June 24, 2015.
(bb) 40 C.F.R. § 127, subpart A (except paragraph 127.1(a)(6)), subpart B (except paragraph 127.11(a)(2)), and 40 C.F.R. § 127.24, adopted October 22, 2015, at 80 FR 64063, pages 64102 through 64106, http://www.flrules.org/Gateway/reference.asp?No=Ref-07244, containing requirements for electronic reporting of NPDES information from NPDES-regulated entities.
(cc) Appendix A to 40 C.F.R. § 127, adopted October 22, 2015, at 80 FR 64063, pages 64108 through 64156, http://www.flrules.org/Gateway/reference.asp?No=Ref-07244, containing the information NPDES-regulated entities must electronically report and the minimum set of NPDES data that must be entered in or transferred to EPA’s national NPDES data system.
(dd) 40 C.F.R. § 403.12, paragraphs (e)(1), (h), and (i), amended October 22, 2015, at 80 FR 64063, page 64157, http://www.flrules.org/Gateway/reference.asp?No=Ref-07244, containing pretreatment program electronic reporting requirements for publically owned treatment works (POTWs) and industrial users.
(4) When used in any of the sections adopted from Title 40 of the Code of Federal Regulations (CFR) the following shall apply:
(a) EPA shall mean the Department; and,
(b) Regional Administrator, Director or State Director shall mean the Secretary of the Department or the Secretary’s designee where appropriate.
Rulemaking Authority 403.061, 403.087, 403.0885, 403.8055 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History-New 11-29-94, Amended 12-24-96, 3-2-00, 10-22-00, 10-23-00, 6-1-01, 8-25-03, 12-8-03, 12-23-04, 2-7-06, 3-13-06, 6-19-06, 7-10-06, 10-16-07, 11-28-07, 2-17-09, 3-15-10. 2-14-13, 6-24-15, 8-16-16, 4-6-18, 10-8-21.