Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 44, November 6, 2009 issue of the Florida Administrative Weekly.

The below language also reflects the changes of a previous Notice of Change published for this rule in Vol 36, No. 23, June 11, 2010 issue of the FAW.

62-640.700 Requirements for Land Application of Class AA, A, and B Biosolids.

(1) through (5) No change.

(6) General Application Site Requirements.

(a) No change.

(b) Beginning within one year of (the effective date of the rule), Class A and Class B biosolids treated by alkaline addition shall be applied by the best management practice of incorporation or injection unless the application area is located at a distance greater than one-quarter mile from the application site property line. This distance shall ~~may~~ be decreased to the setback distance provided by subparagraph 62-640.700(8)(b)2., F.A.C., if the affected adjacent property owner provides written consent.

(7) No change.

(8) Setback Distances.

(a) The following setback distances shall apply to land application sites that accept either Class A or Class B biosolids.

1. The biosolids land application zone shall not be located closer than 1000 feet to any Class I water body, Outstanding Florida Water or Outstanding National Resource Water, or 200 feet from any other surface water of the state as defined in Section 403.031, F.S. This setback does not apply to waters owned entirely by one person other than the state, nor to canals or bodies of water used for irrigation or drainage, which are located completely within the application site and will not discharge from the application site. The setback area shall be vegetated. The 200 foot setback distance from surface waters shall ~~may~~ be reduced to 100 feet if the biosolids are injected or incorporated into the soil.

2. through 3. No change.

4. Biosolids shall not be stored or stockpiled at a land application site within 1320 feet of a building occupied by the general public. This distance shall ~~may~~ be decreased to the setback distance provided by subparagraph 62-640.700(8)(b)1., F.A.C., if the owner of the building provides written consent.

(b) The following additional setback distances shall apply to land application sites that accept Class B biosolids.

1. Class B biosolids shall not be applied within 300 feet of a building occupied by the general public. This distance shall ~~may~~ be reduced to 100 feet if biosolids are injected into the soil or if written permission is obtained from the building owner.

2. No change.

(9) through (12) No change.