Florida Regulations 62-560.545: Request for Waiver of Monitoring Requirements
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(1) Volatile Organics. Each community or non-transient non-community water system that does not detect a contaminant listed in Fl. Admin. Code R. 62-550.310(4)(a), after completing initial monitoring requirements may apply to the Department for a waiver from the monitoring requirements for volatile organics in Fl. Admin. Code R. 62-550.515 A waiver from the volatile organic contaminant monitoring requirements of Fl. Admin. Code R. 62-550.515, shall be effective for no more than six years (two compliance periods).
(2) Synthetic Organics. Each community or non-transient non-community water system may apply to the Department for a waiver from the synthetic organic contaminant monitoring requirements in Fl. Admin. Code R. 62-550.516 A system shall reapply for a waiver for each three-year compliance period.
(3) The Department shall grant a waiver if the supplier of water or the State performs a study that shows the public water system is not vulnerable to contamination. Not vulnerable to contamination shall mean:
(a) There is no record of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the system, or
(b) If previous use of the contaminant is not known or if the contaminant has been used previously, then the supplier of water shall evaluate the following factors to show:
1. That the previous analytical results show no contaminants were detected. Data used in this analysis shall have been collected after January 1, 1990,
2. There is no potential point or non-point source of contamination located within the watershed or zone of influence of the system. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities. Non-point sources include the use of pesticides to control insect and weed pests on agricultural areas, forest lands, home and gardens, and other land application uses,
3. That the environmental persistence and transport of the contaminants is such that the risk of contamination is negligible; and,
4. The water source is protected against contamination. Subpart H systems shall have implemented a watershed protection plan accepted by the Department. Ground water systems shall consider factors such as depth of the well, the integrity of the well casing, the type of soil, and wellhead protection.
(c) For pesticides, that there are no elevated nitrate levels at the water supply source; and,
(d) For PCBs, that there is no use of PCBs in equipment used in the production, storage, or distribution of water (e.g., PCBs used in pumps, transformers, etc.).
(4) As a condition of a waiver of the monitoring requirements for volatile organic contaminants in Fl. Admin. Code R. 62-550.515, a system shall take one sample at each sampling point while the waiver is in effect (e.g., one sample during two compliance periods or six years), and up-date its vulnerability study considering the factors listed in subsection (3), above. Based on this updated vulnerability study, the Department shall confirm or not confirm that the system is not vulnerable. If the Department does not make this reconfirmation within three years after the initial determination, the waiver is invalidated and the system shall sample annually as specified in Fl. Admin. Code R. 62-550.515
Rulemaking Authority Florida Statutes § 403.861(9). Law Implemented 403.0877, 403.853 FS. History-New 1-1-93, Formerly 17-560.545, Amended 9-7-94, 9-26-95, 11-27-01.
(3) The Department shall grant a waiver if the supplier of water or the State performs a study that shows the public water system is not vulnerable to contamination. Not vulnerable to contamination shall mean:
(a) There is no record of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the system, or
(b) If previous use of the contaminant is not known or if the contaminant has been used previously, then the supplier of water shall evaluate the following factors to show:
1. That the previous analytical results show no contaminants were detected. Data used in this analysis shall have been collected after January 1, 1990,
2. There is no potential point or non-point source of contamination located within the watershed or zone of influence of the system. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities. Non-point sources include the use of pesticides to control insect and weed pests on agricultural areas, forest lands, home and gardens, and other land application uses,
3. That the environmental persistence and transport of the contaminants is such that the risk of contamination is negligible; and,
4. The water source is protected against contamination. Subpart H systems shall have implemented a watershed protection plan accepted by the Department. Ground water systems shall consider factors such as depth of the well, the integrity of the well casing, the type of soil, and wellhead protection.
(c) For pesticides, that there are no elevated nitrate levels at the water supply source; and,
(d) For PCBs, that there is no use of PCBs in equipment used in the production, storage, or distribution of water (e.g., PCBs used in pumps, transformers, etc.).
(4) As a condition of a waiver of the monitoring requirements for volatile organic contaminants in Fl. Admin. Code R. 62-550.515, a system shall take one sample at each sampling point while the waiver is in effect (e.g., one sample during two compliance periods or six years), and up-date its vulnerability study considering the factors listed in subsection (3), above. Based on this updated vulnerability study, the Department shall confirm or not confirm that the system is not vulnerable. If the Department does not make this reconfirmation within three years after the initial determination, the waiver is invalidated and the system shall sample annually as specified in Fl. Admin. Code R. 62-550.515
Rulemaking Authority Florida Statutes § 403.861(9). Law Implemented 403.0877, 403.853 FS. History-New 1-1-93, Formerly 17-560.545, Amended 9-7-94, 9-26-95, 11-27-01.