(1) Existing domestic wastewater facilities (facilities for which complete permit applications that included requests for construction of new or expanded facilities were received by the Department before the effective date of this rule) discharging within the Wekiva Study Area shall comply with the wastewater management requirements set forth in this rule within five years of the effective date unless otherwise established herein. New and expanded facilities shall comply with the requirements immediately.
    (2) For the purpose of determining the applicability of wastewater management requirements for the Wekiva Study Area, Protection Zones shall be as delineated in Figure 15 of the Report of Investigations No. 104, “”Wekiva Aquifer Vulnerability Assessment,”” Florida Geological Survey, June 2005, adopted and incorporated herein. Copies may be obtained from The Florida Geological Survey, Publications Office, 3000 Commonwealth Boulevard, Suite 1, Tallahassee, Florida 32303. For reuse and land application systems, determinations of which protection zone applies shall be based upon the wetted area. For reuse and land application systems located in two or more protection zones, the protection zone featuring the most stringent control measures shall apply to the entire reuse or land application system.
    (a) The Primary Protection Zone corresponds to the area delineated as “”Most Vulnerable;””
    (b) The Secondary Protection Zone corresponds to the area delineated as “”Vulnerable;”” and,
    (c) The Tertiary Protection Zone corresponds to the area delineated as “”Less Vulnerable.””
    (3) The following wastewater management requirements apply to land application and reuse systems located within the Primary Protection Zone:
    (a) New or expanded rapid-rate or restricted access slow-rate land application systems, as defined in Fl. Admin. Code Chapter 62-610, shall not be located within the Primary Protection Zone, as defined in subsection (2) above.
    (b) When applicable, new or expanded rapid-rate or restricted access slow-rate land application systems, as defined in Fl. Admin. Code Chapter 62-610, shall meet springs criteria established under Sections 373.801-373.811 F.S.
    (c) Type I and II wastewater treatment facilities that use rapid-rate land application systems shall meet an annual average reclaimed water limitation of 3.0 mg/L Total Nitrogen, as N, unless used as a back-up to a public access reuse system.
    (d) A rapid-rate land application system used as back-up to a public access reuse system shall meet the Total Nitrogen reclaimed water limitation contained in paragraph (e), below. In order to qualify as a back-up system, no more than 30% of the total annual wastewater treatment plant flow shall be directed to the back-up rapid-rate system.
    (e) Type I and II wastewater treatment facilities that use public access reuse systems or restricted access irrigation systems shall meet an annual average reclaimed water limitation of 10.0 mg/L Total Nitrogen, as N.
    (f) Type III wastewater treatment facilities that use land application or reuse systems shall meet an annual average reclaimed water limitation of 10.0 mg/L Total Nitrogen, as N.
    (g) Land application of Class A or B biosolids is prohibited. Application of Class AA biosolids that are distributed and marketed in accordance with Fl. Admin. Code Chapter 62-640, is permissible.
    (4) The following wastewater management requirements apply to land application and reuse systems located within the Secondary Protection Zone:
    (a) Type I and II wastewater treatment facilities that use rapid-rate land application systems shall meet an annual average reclaimed water limitation of 6.0 mg/L Total Nitrogen, as N, unless used as back-up to a public access reuse system.
    (b) A rapid-rate land application system used as back-up to a public access reuse system shall meet the Total Nitrogen reclaimed water limitation contained in paragraph (c), below. In order to qualify as a back-up system, no more than 30% of the total annual wastewater treatment plant flow shall be directed to the back-up rapid-rate system.
    (c) Type I and II wastewater treatment facilities that use public access reuse systems or restricted access irrigation systems shall meet an annual average reclaimed water limitation of 10.0 mg/L Total Nitrogen, as N.
    (d) Type III wastewater treatment facilities that use land application or reuse systems shall meet an annual average reclaimed water limitation of 10.0 mg/L, Total Nitrogen, as N. Existing facilities shall comply with this limitation within 10 years of the effective date.
    (e) Land application of Class A or B biosolids is prohibited. Application of Class AA biosolids that are distributed and marketed in accordance with Fl. Admin. Code Chapter 62-640, is permissible.
    (5) Wastewater treatment facilities that use land application or reuse systems located within the Tertiary Protection Zone shall meet the wastewater treatment requirements contained in Chapters 62-600, 62-610, F.A.C., springs criteria established under Sections 373.801-373.811, F.S., and other Department rules.
    (6) Relief from the requirements of subsection (4) or (5), above, can be obtained from the Department if the permittee or permit applicant makes an affirmative demonstration, based on relevant water quality data, physical circumstances, or other credible information, that the discharge of reclaimed water is protective of surface and ground water quality with respect to the target nitrate-nitrogen level of 0.2 mg/L, as N, for the spring vent as established in section c.1. of the Report. Such an affirmative demonstration shall include either paragraph (a) or (b), below:
    (a) For existing facilities, monitoring data from wells included in an approved ground water monitoring plan showing the annual median value (a minimum of four samples) for nitrate nitrogen to be less than or equal to 0.2 mg/L, as N, at each compliance well, or
    (b) For existing or new facilities, site specific information based upon one or more of the following factors, as necessary to make an affirmative demonstration:
    1. The proximity to a spring, and natural and manmade interconnected surface and subsurface features,
    2. Ground water flow gradient,
    3. Permitted discharge volume,
    4. Dilution,
    5. Ground water quality data including the influence of background concentrations where applicable,
    6. Site-specific geological conditions,
    7. Research/studies including dye tracer tests,
    8. Ground water transport modeling,
    9. Ground water flow velocity,
    10. Other relevant information.
    (c) If relief is obtained under paragraph (7)(a) or (b), above, the permit shall include reclaimed water and ground water monitoring requirements and limits for nitrogen. At each permit renewal, the permittee shall provide an affirmative demonstration that the relief previously granted remains protective of surface and ground water quality and may use information already provided to the Department for the initial affirmative demonstration and subsequent ground water quality monitoring.
    (7) Discharge of domestic wastewater effluent to surface waters within the Wekiva River Basin is restricted as follows:
    (a) A new surface water discharge shall be permitted only as back-up to a public access reuse system and only if it complies with the provisions of Sections 403.086(4) and (5), F.S. In addition, the discharge shall constitute no more than 30% of the total annual wastewater treatment plant flow.
    (b) Existing surface water discharges shall be restricted to serving as a back-up to a public access reuse system. In order to qualify as a back-up system, the discharge shall constitute no more than 30% of the total annual wastewater treatment plant flow.
    (c) Surface water discharges also shall comply with any applicable Total Maximum Daily Loads adopted by the Department pursuant to Florida Statutes § 403.067, and shall meet reclaimed water or effluent limits established by procedures contained in Fl. Admin. Code Chapter 62-650
    (d) Subsection (7) shall apply only to discharges to surface waters subject to NPDES permitting requirements in Florida Statutes § 403.0885, and Fl. Admin. Code Chapter 62-620
Rulemaking Authority 369.318(1), 403.051(2)(a), 403.061(7), 403.087(2) FS. Law Implemented 369.318(1), 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History-New 4-13-06, Amended 2-8-16, 9-27-21.