(1) The discharge from a treatment or receiving wetland shall not have an average annual total nitrogen concentration greater than 3 mg/l (as N) of which no more than 0.02 mg/l (as N) may be as un-ionized ammonia, or an average annual total phosphorus concentration greater than 0.2 mg/l (as P), unless Water Quality Based Effluent Limitations (WQBEL) pursuant to Fl. Admin. Code R. 62-600.430, have been established. In those waters where phosphorus has been shown not to be a limiting nutrient or a contaminant, the Department shall waive or alter the compliance levels for phosphorus until there is a demonstration that phosphorus is a limiting nutrient or contaminant. In those waters where phosphorus has been shown to be a limiting nutrient or a contaminant, the Department shall require plans for future additional phosphorous removal capability to be included in the approved design of the treatment facility. In order to determine if phosphorus is a limiting nutrient or contaminant in a water body, the Department shall consider the following water quality data from the receiving water body:
    (a) Monthly analysis for total kjeldahl nitrogen, ammonia nitrogen, nitrite plus nitrate nitrogen, ortho phosphorus, total phosphorus, temperature, conductivity, and pH; and,
    (b) Quarterly algal assays; and,
    (c) Other data specific to the receiving water body. This data shall be no more than 5 years old.
    (2) Pursuant to subsection 62-4.070(1) and 62-302.300, F.A.C., the applicant shall provide the Department with reasonable assurance that the discharge from a treatment or receiving wetland shall not cause or contribute to:
    (a) Violations of water quality criteria contained in Fl. Admin. Code Chapter 62-302, in contiguous waters;
    (b) Violations of water quality criteria contained in Fl. Admin. Code Chapter 62-302, in downstream waters, including a lake, estuary, lagoon, Outstanding Florida Water, or designated area of critical state concern;
    (c) Violations of the nitrogen and phosphorus limits specified in Fl. Admin. Code R. 62-611.450 These limits shall be used as guidance when determining whether reasonable assurance has been provided that Department standards will be met. However, the Department may set more stringent limits if necessary to assure compliance with these standards.
    (3) If the maximum allowable concentration(s) of total nitrogen, un-ionized ammonia, or total phosphorus are exceeded in the discharge from the treatment or receiving wetland, the Department shall require the permittee to reduce the areal loading of total nitrogen, total ammonia, or total phosphorus to the treatment or receiving wetland, in accordance with an alternative approved by the Department. An alternative or alternatives for the reduction of the areal loadings of total nitrogen, total ammonia and total phosphorus to the treatment or receiving wetland shall be proposed in the application to construct a domestic wastewater treatment and disposal system and approved by the Department prior to the issuance of the permit.
Rulemaking Authority 403.061, 373.414(4) FS. Law Implemented 403.051, 403.061, 403.085, 403.086, 403.087, 403.088, 373.414(4) FS. History-New 11-27-89, Formerly 17-611.450.