(1) Intent.

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    (a) It is the policy of the Department to encourage an applicant, prior to submittal of a permit application, to study and evaluate wastewater treatment alternative techniques and to discuss alternatives with the Department.
    1. The Department encourages inclusion of relevant public health, economic, scientific, energy, engineering and environmental considerations in such evaluations. Each prospective wastewater facility shall be assessed on an individual basis.
    2. The Department encourages environmentally acceptable alternatives which provide the most economic and energy efficient methods of complying with the requirements of this rule, and promote the beneficial re-use of treated effluents and residuals.
    (b) The Commission, recognizing the complexity of water quality management and the necessity to temper regulatory actions with the realities of technological progress and social and economic well-being, nevertheless intends to prohibit any discharge of pollution that constitutes a hazard to human health.
    (2) Definitions. Terms used in this chapter shall have the meaning specified below.
    (a) “”Conventional Pollutants”” means five day biochemical oxygen demand (BOD5), total suspended solids (TSS), pH, oil and grease, and fecal coliforms.
    (b) “”Effluent,”” unless specifically stated otherwise, means treated wastewater flowing out of the treatment plant.
    (c) “”Effluent limitation”” means any restriction established by the Department on quantities, rates, or concentrations of chemical, physical, biological, or other constituents which are discharged from sources into the environment of the state.
    (d) “”Ground water”” means water below the land surface in the zone of saturation where water is at or above atmospheric pressure.
    (e) “”Industrial wastewater”” means wastewater not otherwise defined as domestic wastewater, including the runoff and leachate from areas that receive pollutants associated with industrial or commercial storage, handling or processing.
    (f) “”Local program”” means any county, municipality, or combination thereof that has established and administers a pollution control program approved by the Department in compliance with Florida Statutes § 403.182, as amended.
    (g) “”Modification”” means any alteration, expansion, upgrade, extension, addition, or replacement of an existing wastewater facility for which a construction permit is required from the Department.
    (h) “”Percolation”” means the generally vertical movement of water through soil or other unconsolidated medium to the water table and to lower aquifers where occurring.
    (i) “”Permittee”” means the person or entity to which a permit for a wastewater facility is issued by the Department. The term “”permittee”” shall be functionally synonymous with the terms “”owner”” and “”licensee””, but shall not include licensed individuals (e.g., operators) unless they are the person(s) to whom a facility permit is issued by the Department. The term shall extend to a permit “”applicant”” for the purposes of this chapter. To the extent that this chapter imposes duties with respect to the construction, operation, maintenance or monitoring of a facility and for reporting to or securing permits from the Department, ultimate responsibility lies with the owner of the facility. Nevertheless, Florida Statutes Chapter 403, creates joint and several liability for those responsible for violations.
    (j) “”Surface water”” means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth’s surface.
    (k) “”Technology-based effluent limitation (TBEL)”” means a minimum waste treatment requirement, established by the Department, based on treatment technology. The minimum treatment requirements may be set at levels more stringent than that which is necessary to meet water quality standards of the receiving water body as set out specifically in other sections of this rule.
    (l) “”Treatment”” means the use of any device, system, process or method for preventing, abating, reducing, treating, separating, recycling, reclaiming, reusing, recovering, or eliminating pollutants in industrial waste.
    (m) “”Wastewater”” means the combination of liquid and water-carried pollutants from residences, commercial buildings, industrial plants, and institutions together with any ground water, surface runoff or leachate that may be present.
    (n) “”Wastewater facilities”” means any or all of the following: the collection/transmission system, the treatment plant, and the disposal system.
    (o) “”Waters”” shall be as defined in Florida Statutes § 403.031(3)
    (p) “”Water quality-based effluent limitation (WQBEL)”” means an effluent limitation, which may be more stringent than a technology-based effluent limitation, that has been determined necessary by the Department to ensure that water quality standards in a receiving body of water will not be violated.
    (q) “”Water quality standards”” means standards comprised of designated most beneficial uses (classification of waters), the numerical and narrative criteria applied to the specific water use or classification, the Florida anti-degradation policy, and the moderating provisions contained in Chapters 62-3 and 62-4 of the F.A.C.
Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History-New 11-27-89, Amended 4-2-90, 4-22-93, Formerly 17-660.200, Amended 12-11-96.