Florida Regulations 62-524.420: Procedures for Delineation of Areas for Application of New Potable Water Well Permitting
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(1) Based upon available data, the Department shall identify and locate, for the purpose of application of the requirements of this chapter, areas within which ground water contamination is known to exist or which encompasses vulnerable areas or areas in which the Department provides a subsidy for restoration or replacement of contaminated drinking water supplies.
(2) The Department shall rely on data from samples collected and analyzed using Department approved quality assurance/ quality control procedures. Where quality assurance/quality control procedures are not documented the Department shall evaluate the data for completeness and accuracy in order to determine acceptability for use in delineation under this chapter.
(3) Sources of ground water data to be used for delineation of areas under this chapter shall include:
(a) Local, state, and federal agencies.
(b) Water management districts.
(c) Department programs.
(4) For wells, sites, or sources with known ground water contamination, where insufficient site specific ground water data exist for determination of contaminant plume boundaries, a delineated area shall be established in the following manner:
(a) A 1000-foot setback from the well, site or source boundary.
(b) Where data from the distribution or movement of ground water contamination indicate that a 1000-foot setback is insufficient the Department shall establish an alternate setback based on such data.
(5) For sites with a history of application of ethylene dibromide where insufficient site specific ground water data exist for determination of contaminant plume boundaries, the Department shall delineate an area which encompasses the area of application and a setback, based on data on the distribution of ethylene dibromide contamination, or a 1000-foot setback, whichever is larger.
(6) For sites where a hydrogeologic investigation of ground water has been conducted and the nature and extent of a contaminant plume is documented and sufficient data exist for predictive ground water modelling, the Department shall delineate an area which encompasses the ground water contamination and its predicted movement for the next two years.
(7) Where the source or site which resulted in an area being delineated is the subject of remediation for ground water clean-up, the effect of this remediation shall be considered by the Department in subsequent delineation updates.
(8) For areas in which the Department provides a subsidy for restoration or replacement of contaminated drinking water supplies through extending existing water lines or developing new water supply systems under Sections 376.307(4)(b)3. and (c), F.S., the Department shall delineate an area which encompasses such extended water lines or water lines constructed as part of a new water system and a 1000-foot setback.
(9) For areas in which the Department determines that ground water is vulnerable to contamination with nitrate, the Department shall delineate such vulnerable areas. The Department shall determine where vulnerable areas exist by using the following information when available:
(a) Physical properties of soils;
(b) Vadose zone media;
(c) Hydrogeologic characteristics of aquifer systems;
(d) Depth to ground water;
(e) Recharge;
(f) Karst features;
(g) Topography;
(h) Presence of Class G-II ground water or other potable ground water with less than 10,000 mg/L total dissolved solids;
(i) Water quality data; and
(j) Nitrogen application or loading rates for potential sources of nitrate contamination.
(10) In delineating areas under this rule, the Department shall coordinate with other affected agencies, particularly those receiving delegation under Fl. Admin. Code R. 62-524.800, in the technical aspects of delineation.
(11) The Department shall present delineated areas to the Environmental Regulation Commission for approval at rulemaking public hearings duly noticed as required by Florida Statutes § 120.54
(a) At such public hearings the Commission, when approving delineated areas, shall consider the known ground water contamination and its projected movement until the next delineation update.
(b) If requested by the Commission, the Department shall present the data, predictive ground water modelling, and mapping procedure used to delineate each area presented to the Commission.
(c) The Commission shall consider any other competent evidence regarding delineated areas.
(d) Approval by the Commission of a delineated area shall result in that area being included on maps or other means of location and description prepared by the Department as described in subsections (12) and (13). Each approved map or other means of location and description shall contain an effective date and shall be made available as provided in subsections (12) and (13).
(12) To facilitate the permitting process, the Department shall provide maps which indicate all sections which contain any portion of a delineated area. Prior to construction of a new potable water well within a mapped section, the potential applicant should contact the appropriate permitting authority which shall determine if the proposed well is within a delineated area. Such maps or other information shall be made available by the Department to interested persons upon written request and upon payment of appropriate costs.
(13) Following each update, the Department shall make available to water management districts, regional planning councils, the Department of Health, and county building and zoning departments, maps or other information on areas for application of the requirements of this chapter.
(a) Where maps are provided, they shall be of an appropriate scale as determined by the Department based on the accuracy and precision of the data.
(b) For each delineated area the Department shall provide a list of those contaminants to be tested pursuant to Fl. Admin. Code R. 62-524.600, and shall specify any casing or solvent bond restrictions.
(14) Maps or other information on areas for application of the requirements of this chapter shall be periodically updated by the Department. Additional areas, or revision to existing areas, for application of the requirements of this chapter may be delineated at any time as technical information becomes available.
Rulemaking Authority 373.309, 403.061, 403.062 FS. Law Implemented 373.309, 376.307 FS. History-New 5-16-89, Amended 3-25-90, 7-4-91, 5-6-93, Formerly 17-524.420, Amended 2-7-95, 12-9-96.
Terms Used In Florida Regulations 62-524.420
- 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.
(3) Sources of ground water data to be used for delineation of areas under this chapter shall include:
(a) Local, state, and federal agencies.
(b) Water management districts.
(c) Department programs.
(4) For wells, sites, or sources with known ground water contamination, where insufficient site specific ground water data exist for determination of contaminant plume boundaries, a delineated area shall be established in the following manner:
(a) A 1000-foot setback from the well, site or source boundary.
(b) Where data from the distribution or movement of ground water contamination indicate that a 1000-foot setback is insufficient the Department shall establish an alternate setback based on such data.
(5) For sites with a history of application of ethylene dibromide where insufficient site specific ground water data exist for determination of contaminant plume boundaries, the Department shall delineate an area which encompasses the area of application and a setback, based on data on the distribution of ethylene dibromide contamination, or a 1000-foot setback, whichever is larger.
(6) For sites where a hydrogeologic investigation of ground water has been conducted and the nature and extent of a contaminant plume is documented and sufficient data exist for predictive ground water modelling, the Department shall delineate an area which encompasses the ground water contamination and its predicted movement for the next two years.
(7) Where the source or site which resulted in an area being delineated is the subject of remediation for ground water clean-up, the effect of this remediation shall be considered by the Department in subsequent delineation updates.
(8) For areas in which the Department provides a subsidy for restoration or replacement of contaminated drinking water supplies through extending existing water lines or developing new water supply systems under Sections 376.307(4)(b)3. and (c), F.S., the Department shall delineate an area which encompasses such extended water lines or water lines constructed as part of a new water system and a 1000-foot setback.
(9) For areas in which the Department determines that ground water is vulnerable to contamination with nitrate, the Department shall delineate such vulnerable areas. The Department shall determine where vulnerable areas exist by using the following information when available:
(a) Physical properties of soils;
(b) Vadose zone media;
(c) Hydrogeologic characteristics of aquifer systems;
(d) Depth to ground water;
(e) Recharge;
(f) Karst features;
(g) Topography;
(h) Presence of Class G-II ground water or other potable ground water with less than 10,000 mg/L total dissolved solids;
(i) Water quality data; and
(j) Nitrogen application or loading rates for potential sources of nitrate contamination.
(10) In delineating areas under this rule, the Department shall coordinate with other affected agencies, particularly those receiving delegation under Fl. Admin. Code R. 62-524.800, in the technical aspects of delineation.
(11) The Department shall present delineated areas to the Environmental Regulation Commission for approval at rulemaking public hearings duly noticed as required by Florida Statutes § 120.54
(a) At such public hearings the Commission, when approving delineated areas, shall consider the known ground water contamination and its projected movement until the next delineation update.
(b) If requested by the Commission, the Department shall present the data, predictive ground water modelling, and mapping procedure used to delineate each area presented to the Commission.
(c) The Commission shall consider any other competent evidence regarding delineated areas.
(d) Approval by the Commission of a delineated area shall result in that area being included on maps or other means of location and description prepared by the Department as described in subsections (12) and (13). Each approved map or other means of location and description shall contain an effective date and shall be made available as provided in subsections (12) and (13).
(12) To facilitate the permitting process, the Department shall provide maps which indicate all sections which contain any portion of a delineated area. Prior to construction of a new potable water well within a mapped section, the potential applicant should contact the appropriate permitting authority which shall determine if the proposed well is within a delineated area. Such maps or other information shall be made available by the Department to interested persons upon written request and upon payment of appropriate costs.
(13) Following each update, the Department shall make available to water management districts, regional planning councils, the Department of Health, and county building and zoning departments, maps or other information on areas for application of the requirements of this chapter.
(a) Where maps are provided, they shall be of an appropriate scale as determined by the Department based on the accuracy and precision of the data.
(b) For each delineated area the Department shall provide a list of those contaminants to be tested pursuant to Fl. Admin. Code R. 62-524.600, and shall specify any casing or solvent bond restrictions.
(14) Maps or other information on areas for application of the requirements of this chapter shall be periodically updated by the Department. Additional areas, or revision to existing areas, for application of the requirements of this chapter may be delineated at any time as technical information becomes available.
Rulemaking Authority 373.309, 403.061, 403.062 FS. Law Implemented 373.309, 376.307 FS. History-New 5-16-89, Amended 3-25-90, 7-4-91, 5-6-93, Formerly 17-524.420, Amended 2-7-95, 12-9-96.