Florida Regulations 62-671.310: New Source Requirements
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New pollution sources shall comply with the effluent limitations determined by the Department in accordance with this rule.
(1) The applicant shall provide the Department with the following information in addition to the information required by Chapters 17-3, 62-4, 62-660 and 62-671, F.A.C.:
(a) A review of the treatment technologies being applied by similar domestic mining industries, listing the effluent concentration of pollutants, as well as a review of current literature relating to the subject of treating wastes from similar domestic mining industries.
(b) A determination of the lowest effluent limitations achievable for the facility by the application of the latest economically feasible technology.
(c) The basis for determining the effluent limitations specified in paragraph (b) above, and the basis for the determination of the economic feasibility of the technology.
(2) The Department shall make the determination of the lowest effluent limitation levels achievable for the facility by the application of the latest economically feasible technology. The limitations determined by the Department shall be for the parameters listed in Fl. Admin. Code R. 62-671.300, and any other pollutant reasonably expected to be in the discharge and shall not be less stringent than the concentrations contained in Fl. Admin. Code R. 62-671.300, except as provided in subsection 62-671.310(4), F.A.C. In making the determination, the Department shall give consideration to:
(a) All material submitted by the applicant.
(b) All scientific, engineering, and technical material, and other material available to the Department, including the effluent pollutant levels achieved by similar domestic mining industry or analogous treatment technologies.
(c) The social, environmental, and economic impact of the application and implementation of the achievement of the concentrations and discharge levels specified. The consequences of water conservation practices shall be considered.
(3) The effluent limitations determined in accordance with this paragraph shall be specified in terms of 1-day maximum and 30-day average in the Department permit for the facility and shall be the effluent standards for the facility except as provided in subsection 62-671.310(4), F.A.C.
(4) If, pursuant to this Rule, the Department imposes more stringent effluent limitations than those in Fl. Admin. Code R. 62-671.300, after determining that such more stringent effluent limitations can be attained by the application of innovative technology that has not been demonstrated on an operational plant-scale basis at a phosphate mine, the actual measured concentration of pollutant levels in discharged waste waters shall constitute compliance with the provisions of this chapter and with the effluent limitations contained in the Department permit for the source; provided that the permittee installs, operates, and maintains the required innovative technology in accordance with good engineering practices, public health and safety are not jeopardized, and the beneficial uses of the receiving waters are not substantially impaired.
(5) Within 15 days after receipt of the application for a construction permit for a facility which requires a determination in accordance with this paragraph, the Department, at the expense of the applicant, shall give notice of the application in the Florida Administrative Register and in a newspaper of general circulation in the affected area concerning the determination required by this paragraph. The notice shall contain, as a minimum, the following information: the name of the applicant, the location of the proposed facility, the proposed receiving water, that an application has been received, the date received, the place where the application can be reviewed, and of the determination required by this paragraph.
Rulemaking Authority 403.061, 403.088 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.111, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702 FS. History-New 11-27-89, Formerly 17-671.310.
(a) A review of the treatment technologies being applied by similar domestic mining industries, listing the effluent concentration of pollutants, as well as a review of current literature relating to the subject of treating wastes from similar domestic mining industries.
(b) A determination of the lowest effluent limitations achievable for the facility by the application of the latest economically feasible technology.
(c) The basis for determining the effluent limitations specified in paragraph (b) above, and the basis for the determination of the economic feasibility of the technology.
(2) The Department shall make the determination of the lowest effluent limitation levels achievable for the facility by the application of the latest economically feasible technology. The limitations determined by the Department shall be for the parameters listed in Fl. Admin. Code R. 62-671.300, and any other pollutant reasonably expected to be in the discharge and shall not be less stringent than the concentrations contained in Fl. Admin. Code R. 62-671.300, except as provided in subsection 62-671.310(4), F.A.C. In making the determination, the Department shall give consideration to:
(a) All material submitted by the applicant.
(b) All scientific, engineering, and technical material, and other material available to the Department, including the effluent pollutant levels achieved by similar domestic mining industry or analogous treatment technologies.
(c) The social, environmental, and economic impact of the application and implementation of the achievement of the concentrations and discharge levels specified. The consequences of water conservation practices shall be considered.
(3) The effluent limitations determined in accordance with this paragraph shall be specified in terms of 1-day maximum and 30-day average in the Department permit for the facility and shall be the effluent standards for the facility except as provided in subsection 62-671.310(4), F.A.C.
(4) If, pursuant to this Rule, the Department imposes more stringent effluent limitations than those in Fl. Admin. Code R. 62-671.300, after determining that such more stringent effluent limitations can be attained by the application of innovative technology that has not been demonstrated on an operational plant-scale basis at a phosphate mine, the actual measured concentration of pollutant levels in discharged waste waters shall constitute compliance with the provisions of this chapter and with the effluent limitations contained in the Department permit for the source; provided that the permittee installs, operates, and maintains the required innovative technology in accordance with good engineering practices, public health and safety are not jeopardized, and the beneficial uses of the receiving waters are not substantially impaired.
(5) Within 15 days after receipt of the application for a construction permit for a facility which requires a determination in accordance with this paragraph, the Department, at the expense of the applicant, shall give notice of the application in the Florida Administrative Register and in a newspaper of general circulation in the affected area concerning the determination required by this paragraph. The notice shall contain, as a minimum, the following information: the name of the applicant, the location of the proposed facility, the proposed receiving water, that an application has been received, the date received, the place where the application can be reviewed, and of the determination required by this paragraph.
Rulemaking Authority 403.061, 403.088 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.111, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702 FS. History-New 11-27-89, Formerly 17-671.310.