14167255, 62-660.804 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 14167255

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

INDUSTRIAL WASTEWATER FACILITIES

Overview

RULE:

62-660.804

General Permit for Sand and Limestone Mines

PURPOSE:

The objective of the proposed revisions is to reduce the regulatory burden for sand and limestone mines from industrial wastewater permitting requirements as a result of having duplicative permitting requirements enforced under the Environmental Resource Program (ERP).

SUBJECT:

The Division is proposing to revise the general permit used by the Industrial Wastewater Program, which was adopted in 1991, authorizing construction and operation of sand and limestone mines that include a processing facility, water control system and settling pond.  At the time of its adoption in 1991, it was the only Department general permit specifically developed for mining activities, and has changed very little since its adoption.  Since 1995, the Department (through the Mining and Mitigation Program) has issued Environmental Resource Permits (ERP) covering a variety of mining activities including those activities covered by the general permit for sand and limestone mines.  The ERP permit includes the review of the stormwater containment system for the mining and processing facilities.  It also requires the facilities to meet surface and ground water quality standards.  Given this, for those mines which have ERPs, the industrial wastewater general permit is redundant and does not provide additional water quality protection.  Since October 1, 2007, all new mines will obtain coverage under the ERP.  However, there are several existing mines that will need to continue to operate under this general permit until they expand and an ERP is required, or close.  In short, as long as a facility holds a current ERP they will not be required to obtain the General Permit for Sand and Limestone Mines issued under 62-660.804, F.A.C.  At this time, there are approximately 110 mines which are currently covered under a general permit for sand and limestone mines.  However, approximately 70 of the mines are also covered under a current ERP permit.  This leaves approximately 40 mines which would require continued coverage under this general permit.

RULEMAKING AUTHORITY:

403.051 F.S., 403.061 F.S., 403.814 F.S.,

LAW:

120.55 F.S., 403.051 F.S., 403.061 F.S., 403.087 F.S., 403.814 F.S.

PRINT PUBLISH DATE:

2/14/2014 Vol. 40/31

RELATED STATUTES
AND LAWS:

403.051 F.S., 403.061 F.S., 403.814 F.S.,, 120.55 F.S., 403.051 F.S., 403.061 F.S., 403.087 F.S., 403.814 F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=62-660.804&PDate=2/14/2014&Section=1

REFERENCE MATERIALS:

No reference(s).

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