Florida Regulations 62-4.243: Exemptions from Water Quality Criteria
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(1) Exemptions for Artificial Water Bodies Classified for Agricultural Water Supplies.
(a) The Secretary shall upon the petition of an affected person or permit applicant, and after public notice in the Florida Administrative Register and in a newspaper of general circulation in the area of the waters affected, and after opportunity for public hearing pursuant to Florida Statutes Chapter 120, issue an Order for the duration of the permit specifically exempting a source of pollution from the Class IV water quality criteria contained in Fl. Admin. Code R. 62-3.131, for wholly artificial bodies of water upon affirmative demonstration by the Petitioner of the following:
1. Granting the exemption is in the public interest; and,
2. The public has limited access to the waters under consideration; and,
3. The waters are not used for recreation; and,
4. Compliance with presently specified criteria is unnecessary for the protection of potable water supplies and animals, plants, or aquatic life using the waters; and,
5. Granting the exemption will not interfere with existing uses or the designated use of the waters or contiguous waters; and,
6. The economic, environmental and social costs of compliance with the existing criteria outweigh the social, environmental, economic and social benefits of compliance; and additionally,
7. The presently specified water quality criteria cannot be met with currently available technology, or
8. The costs of compliance with the presently specified criteria involved are so high that they must be spread over a considerable period of time, or
9. Some other type of hardship will occur.
(b) The Petitioner shall affirmatively demonstrate those criteria which the petitioner believes more appropriately apply to the waters for which the exemption is sought.
(c) The Secretary shall specify, by Order, only those criteria which the Secretary determines to have been demonstrated by the preponderance of competent substantial evidence to be more appropriate.
(d) The Department shall modify the Petitioner’s permit consistent with the Secretary’s Order.
(2) Exemptions for Water Bodies Classified for Navigation, Utility and Industrial Use.
(a) The Secretary shall, upon the petition of an affected person or permit applicant, and after public notice in the Florida Administrative Register and in a newspaper of general circulation in the area of the waters affected, and after opportunity for public hearing pursuant to Florida Statutes Chapter 120, issue an Order for the duration of the permit specifically exempting sources of pollution from the Class V water quality criteria contained in Fl. Admin. Code R. 62-3.141, upon affirmative demonstration by the petitioner of the following:
1. Granting the exemption is in the public interest; and,
2. Compliance with presently specified criteria is unnecessary for the protection of potable water supplies and animals, plants, or aquatic life utilizing the waters; and,
3. Granting the exemption will not interfere with existing uses or the designated use of the waters, or of contiguous waters; and,
4. The economic, environmental and social costs of compliance with the existing criteria outweigh the social, environmental and economic benefits of compliance; and additionally,
5. The present specific water quality criteria cannot be met with currently available technology, or
6. The costs of compliance with the presently specified criteria involved are so high that they must be spread over a considerable period of time, or
7. Some other type of hardship will occur.
(b) The Petitioner shall affirmatively demonstrate those criteria which the Petitioner believes more appropriately apply to the waters for which the exemption is sought.
(c) The Secretary shall specify, by Order, only those criteria which the Secretary determines to have been demonstrated by the preponderance of competent substantial evidence to be more appropriate.
(d) The Department shall modify the Petitioner’s permit consistent with the Secretary’s Order.
Rulemaking Authority 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, 403.702, 403.708 FS. History-New 3-1-79, Amended 1-1-83, 2-1-83, 8-31-88, Formerly 17-4.243.
Terms Used In Florida Regulations 62-4.243
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
1. Granting the exemption is in the public interest; and,
2. The public has limited access to the waters under consideration; and,
3. The waters are not used for recreation; and,
4. Compliance with presently specified criteria is unnecessary for the protection of potable water supplies and animals, plants, or aquatic life using the waters; and,
5. Granting the exemption will not interfere with existing uses or the designated use of the waters or contiguous waters; and,
6. The economic, environmental and social costs of compliance with the existing criteria outweigh the social, environmental, economic and social benefits of compliance; and additionally,
7. The presently specified water quality criteria cannot be met with currently available technology, or
8. The costs of compliance with the presently specified criteria involved are so high that they must be spread over a considerable period of time, or
9. Some other type of hardship will occur.
(b) The Petitioner shall affirmatively demonstrate those criteria which the petitioner believes more appropriately apply to the waters for which the exemption is sought.
(c) The Secretary shall specify, by Order, only those criteria which the Secretary determines to have been demonstrated by the preponderance of competent substantial evidence to be more appropriate.
(d) The Department shall modify the Petitioner’s permit consistent with the Secretary’s Order.
(2) Exemptions for Water Bodies Classified for Navigation, Utility and Industrial Use.
(a) The Secretary shall, upon the petition of an affected person or permit applicant, and after public notice in the Florida Administrative Register and in a newspaper of general circulation in the area of the waters affected, and after opportunity for public hearing pursuant to Florida Statutes Chapter 120, issue an Order for the duration of the permit specifically exempting sources of pollution from the Class V water quality criteria contained in Fl. Admin. Code R. 62-3.141, upon affirmative demonstration by the petitioner of the following:
1. Granting the exemption is in the public interest; and,
2. Compliance with presently specified criteria is unnecessary for the protection of potable water supplies and animals, plants, or aquatic life utilizing the waters; and,
3. Granting the exemption will not interfere with existing uses or the designated use of the waters, or of contiguous waters; and,
4. The economic, environmental and social costs of compliance with the existing criteria outweigh the social, environmental and economic benefits of compliance; and additionally,
5. The present specific water quality criteria cannot be met with currently available technology, or
6. The costs of compliance with the presently specified criteria involved are so high that they must be spread over a considerable period of time, or
7. Some other type of hardship will occur.
(b) The Petitioner shall affirmatively demonstrate those criteria which the Petitioner believes more appropriately apply to the waters for which the exemption is sought.
(c) The Secretary shall specify, by Order, only those criteria which the Secretary determines to have been demonstrated by the preponderance of competent substantial evidence to be more appropriate.
(d) The Department shall modify the Petitioner’s permit consistent with the Secretary’s Order.
Rulemaking Authority 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, 403.702, 403.708 FS. History-New 3-1-79, Amended 1-1-83, 2-1-83, 8-31-88, Formerly 17-4.243.