PURPOSE AND EFFECT: The purpose of the proposed rule amendments is to revise DEP Form 62-620.910(17) and paragraph 62-620.100(2)(o), Florida Administrative Code to allow applicants to submit the form(s) using the Department's electronic permitting application. In addition, minor clean-up of existing language is planned.
SUMMARY: The proposed rule will address the electronic submittal of the No Exposure Certification for Exclusion from NPDES Stormwater Permitting.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 403.061, 403.087 FS.
LAW IMPLEMENTED: 403.061, 403.087, 403.0885 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Steven Kelly, Department of Environmental Protection, NPDES Stormwater Program, 2600 Blair Stone Road, MS 2500, Tallahassee, Florida 32399; telephone (850)245-7518; email Steven.Kelly@dep.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
(1) through (2)(n) No change.
(o) Conditional exclusion for “no exposure” of industrial activities and materials to stormwater. Discharges composed entirely of stormwater are not stormwater discharges associated with industrial activity if there is “no exposure” of industrial materials and activities to precipitation and/or runoff, and the discharger satisfies the conditions in subparagraphs (o)1. through (o)3. of this section. “No exposure” means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to precipitation and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product.
1. Qualification. To qualify for this exclusion, the operator of the discharge must:
a. Provide a storm resistant shelter to protect industrial materials and activities from exposure to precipitation and runoff;
b. Submit to the Department a completed and signed Form 62-620.910(17), entitled “No Exposure Certification for Exclusion from NPDES Stormwater Permitting,” effective __________, certifying that there are no discharges of stormwater contaminated by exposure to industrial materials and activities from the entire facility, except as provided in subparagraph (o)2. of this section. The completed and signed Form 62-620.910(17), and certification fee as required by subparagraph 62-4.050(4)(d)3., F.A.C., must be submitted either by mail to: Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; or electronically using the Department’s Interactive Notice of Intent (iNOI) at http://www.dep.state.fl.us/water/stormwater/npdes/;
c. Renew the certification every 5 years on or before the expiration of each 5 year interval by filing a new completed and signed Form 62-620.910(17) effective__________, and certification fee as required by subparagraph 62-4.050(4)(d)3., F.A.C., either by mail to the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or electronically using the Department’s Interactive Notice of Intent (iNOI) at http://www.dep.state.fl.us/water/stormwater/npdes/;
d. Allow the Department or its agents to inspect the facility to determine compliance with the “no exposure” conditions; and
e. For facilities that discharge through a Municipal Separate Storm Sewer System (MS4), submit a copy of the certification of “no exposure” to the MS4 operator, as well as allow inspection and public reporting by the MS4 operator.
2. Industrial materials and activities not requiring storm resistant shelter. To qualify for this exclusion, storm resistant shelter is not required for:
a. Drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak (“Sealed” means banded or otherwise secured and without operational taps or valves);
b. Adequately maintained vehicles used in material handling; and
c. Final products, other than products that would be mobilized in stormwater discharge (e.g., rock salt).
3. Limitations. This conditional exclusion from stormwater permitting under this chapter and/or Chapter 62-621, F.A.C., is not available:
a. For stormwater discharges from construction activities;
b. For individual outfalls. The exclusion is available on a facility-wide basis only;
c. If circumstances change and industrial materials or activities become exposed to precipitation and/or runoff, the conditions for this exclusion no longer apply. In such cases, the discharge becomes subject to enforcement for un-permitted discharge. Any conditionally excluded discharger who anticipates changes in circumstances should apply for and obtain permit authorization prior to the change of circumstances; and
d. Notwithstanding the provisions of this paragraph, the Department retains the authority to require permit authorization (and deny this exclusion) upon making a determination that the discharge causes or contributes to the violation of an applicable water quality standard, including designated uses.
(3) through (4) No change.
Specific Authority 403.061, 403.087, 403.0885 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 3-2-00, 10-22-00, 10-23-00, 6-1-01, 8-25-03, 12-8-03, 12-23-04, 2-7-06, 3-13-06, 6-19-06, 7-10-06, 10-16-07, 11-28-07,________.