Upon affirmative demonstration by an applicant or 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-II ground water in one of the following ways:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

    (1) Existing installations shall have the zone of discharge specified in the permit or extending to the owner’s property line if no zone of discharge is defined in the permit, until such time as the permit is renewed or modified as provided in Fl. Admin. Code R. 62-522.500
    (2) A zone of discharge for any installation that is not an existing installation shall be established in accordance with paragraph (a) or (b), below, and (c), if applicable, at the applicant’s option, but the zone of discharge shall not extend beyond the property boundary:
    (a) Any applicant seeking a zone of discharge and not electing to use the procedure below 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 zone of discharge is necessary to protect the designated use of contiguous waters.
    (b) The Department shall establish a zone of discharge larger than that provided in paragraph (a) above upon an affirmative demonstration by the applicant that:
    1. The requested zone of discharge will not cause violations of applicable ground water standards in present and future potable water supplies; and,
    2. The requested zone of discharge will not interfere with existing or designated uses of contiguous waters, or cause a violation of applicable surface water quality criteria of contiguous waters outside a permitted mixing zone; and,
    3. The economic and social benefits of a zone of discharge of larger dimensions than those in paragraph (a), above, outweigh the economic, environmental, and social costs resulting from the larger zone of discharge.
    (c) Where multiple sites occur within close proximity, a single zone of discharge for the sites may be established in the same manner as either paragraph (a) or (b), above.
    (3) Unless otherwise required by Department rule, the following installations shall not be required to obtain a permit establishing a zone of discharge. These installations shall have a zone of discharge of 100 feet from the site or to the installation’s property boundary, whichever is less, unless a different zone is specified in any appropriate Department permit. If the discharge from the installation threatens to violate ground water standards at the boundary of the zone of discharge, violates minimum criteria, or otherwise threatens to impair the designated use of contiguous waters, the Department shall require the installation owner to obtain a permit that addresses the ground water discharge if the installation has none, define an appropriate zone of discharge or modify it if a permit exists, and institute appropriate monitoring plans pursuant to Fl. Admin. Code R. 62-520.600
    (a) Agricultural fields, ditches and canals;
    (b) Waste management systems for animal feeding operations exempted from permitting under Fl. Admin. Code Chapter 62-670; and,
    (c) Stormwater facilities.
Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History-New 9-8-92, Amended 4-14-94, Formerly 17-522.410, 62-522.410, Amended 7-12-09.