Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-532.200: Definitions for Water Well Permitting and Construction
62-532.400: Permit for Water Well Construction or Repair
62-532.410: Water Well Completion Report
62-532.440: Abandonment of Water Wells
62-532.500: Water Well Construction Standards
62-532.900: Forms and Instructions
PURPOSE AND EFFECT: To make Chapter 62-532, F.A.C., consistent with recent amendments to Chapters 64E-8 and 62-555, F.A.C., address technical changes to industry practices, adopt standardized forms for statewide use and update references.
SUMMARY: The proposed amendments to the rule add four new definitions, set forth the construction standards for wells serving bottled water plants and wells permitted pursuant to Chapter 62-524, F.A.C., set forth the geothermal well tubing and fitting material standards and grouting requirements, amends several technical drilling methods related to well construction and grouting requirements, amends the alternate grouting requirements, updates the references to NSF International and the American National Standards Institute, updates the setback distances and footnotes in Table 1, and adopts new statewide forms for water well permitting. In addition, the rulemaking uses plain language as much as possible, corrects or improves grammar, and updates citations where needed. There are many Department of Environmental Protection rules that reference rules in this Notice. Rule 62-532.400, F.A.C., which includes the reference to Table 1 with the setback distances, is referenced in Rule 62-555.312, F.A.C., but the amendment will have no effect. Rule 62-532.500, F.A.C., is referenced in Rules 62-520.600, 62-524.550, 62-761.600, 62-762.600, and 62-762.640, F.A.C., and these amendments have no effect on those rules except for Rule 62-524.550, F.A.C., which does effect the construction standards for grouting of wells under Chapter 62-524, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A SERC has been prepared. Most of the amendments are clarifications or updates to the existing rules. However, there are several rule amendments that may have an impact on small businesses as summarized hereafter. Water wells are required to be installed by licensed water well contractors and nearly, if not all, of these contractors operate as or are employees of small businesses. Some of the owners of wells including owners of water systems that rely on water from wells are small businesses, small cities, or small counties. The following is a summary of the amendments that may result in an increased or decreased cost. Under the current rule, a geothermal well is not specifically addressed or listed as a water well. However, under the statutory and rule definitions of a well, these types of wells should be considered water wells and regulated as such. Because a water well contractor is required to obtain a license from a water management district by passing a written test and maintaining the license through continuing education, all non-licensed geothermal well installers may incur additional costs because of this amendment. The proposed amendments will impose standards and specifications for heat exchange pipes and fitting materials and for grouting and sealing methods for geothermal wells due to the possibilities of breaching confining units and potential threats of aquifer cross contamination. These new requirements may increase costs to some water well contractors and geothermal well installers who currently do not have these specified manuals and standards and use cheaper, non-standard materials in geothermal well construction. It is conceivable such a requirement may increase well construction costs for some water well contractors that would use native fill or lower cost grouting and sealing methods in the absence of the proposed rule. The amendments will expand the undercutting requirement to wells with driven casing permitted in the delineated areas pursuant to Chapter 62-524, F.A.C., and to production wells for bottled water plants with driven casing. It is conceivable such a requirement may primarily increase costs to persons intending to construct wells with driven casings in the delineated areas. The Department is proposing to amend set back distances from sanitary hazards based on a recent change to Chapter 62-555, F.A.C. This will reduce the setback from some sanitary hazards for public water supply wells from 100 feet to 50 feet. This change may reduce costs to a small number of property owners by having more options for placement of a well. The rules will adopt two statewide forms for water well permitting. Because the statewide forms require more information from applicants, some water well contractors may believe they would take more time to complete. However, the consistency among the water management districts by using the same forms will ultimately save time in their completion.
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: 373.309 FS.
LAW IMPLEMENTED: 373.303, 373.308, 373.309, 373.313, 373.316, 373.326., 373.333, 381.0062, 403.852, 403.862 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: July 7, 2010, 10:00 a.m.
PLACE: Room 609, Bob Martinez Building, 2006 Blair Stone Road, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: David C. James, (850)245-8648 or David.James@dep.state.fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: David C. James, (850)245-8648 or David.James@dep.state.fl.us

THE FULL TEXT OF THE PROPOSED RULE IS:

62-532.200 Definitions for Water Well Permitting and Construction.

The following words and phrases, when used in this cChapter, shall have the following meaning, except where the context clearly indicates a different meaning:

(1) through (4) No change.

(5) “Bottled water” means water that is intended for human consumption and that is sealed in bottles or other containers.

(6) “Bottled water plant” means a food establishment, regulated by the Florida Department of Agriculture and Consumer Services, in which bottled water is prepared for sale.

(5) through (10) renumbered (7) through (12) No change.

(13) “Geothermal well” means a type of well used for the purpose of developing ground water as a medium for thermal heat exchange.

(11) through (14) renumbered (14) through (17) No change.

(18)(15) “Neat Cement Grout” means a mixture consisting of water and Portland cement (American Concrete Institute Type I, Type II, or American Concrete Institute Type III); or a mixture of water and Portland cement of a type or kind approved by the permitting authority; or a mixture of water, Portland cement of a type or kind approved by the permitting authority, and an amount of those additives approved for use in cement grouts and approved by the permitting authority.

(16) through (17) renumbered as (19) through (20) No change.

(21) “Potable water” means water that is satisfactory for human consumption, dermal contact, culinary purposes, or dishwashing.

(18) through (24) renumbered (23) through (29) No change.

Rulemaking Specific Authority 373.309 FS. Law Implemented 373.303, 381.0062, 403.852 FS. History–New 8‑17‑74, Amended 7‑16‑81, Formerly 17‑21.02, 17‑21.020, Amended 7‑30‑89, 3‑11‑92, Formerly 17‑532.200, Amended 3-28-02,_________.

 

62-532.400 Permit for Water Well Construction, or Repair, or Abandonment.

(1) After the effective date upon which a district implements a permit system pursuant to Chapter 373, Part III, F.S., a permit shall be required before beginning construction, or repair, or abandonment of any water well within such area. The permit shall be obtained from the permitting authority by making written application on Form Number 62-532.900(1), adopted and incorporated herein, and available as described in Rule 62-532.900, F.A.C appropriate forms. The application shall be made and submitted to the permitting authority by the owner or by the water well contractor on behalf of the owner and shall contain: the well location, description, use, and such other pertinent information as the permitting authority shall require. Any required fee shall be submitted with the permit applications.

(2) Permit issuance shall require that:

(a) The application is in the proper form and contains the required information, provided that the proposed construction, or repair, or abandonment will not violate applicable laws, rules, or orders of the permitting authority.

(b) Additional information shall be required by the permitting authority if needed to assess site specific conditions. Such information includes, but shall not be limited to: geophysical logs, geologic samples and logs, and well pumping tests.

(3) Receipt of the permit by the applicant shall constitute permission to begin well construction, or repair, or abandonment.

(4) The permit shall be available for inspection at the site of the well during construction, or repair, or abandonment of the well.

(5) Any permittee who desires to change the location of a well before the start of construction or before construction or repair is completed shall apply to the permitting authority for an amendment to the of his well construction permit. When Where a permit fee was required to obtain the original permit no additional fee charge shall be charged made to amend the permit. As a condition to approving an amended permit, the permitting authority shall require the sealing or plugging of any incomplete the uncompleted well.

(6) Each permit shall be valid for a period of one year. In the event construction, or repair, or abandonment is not completed within that time, the permitting authority shall extend the time limit upon written request by the permittee or require the applicant to obtain a new permit before continuing construction, or repair, or abandonment of a water well.

(7) Water wells shall be located placed to comply with the setback distances in Table I at the end of this chapter.

(8) A drinking water supply well installed by an installation used to serve that installation’s operation is exempt from meeting the 500-foot setback distance from on-site slow rate and rapid rate land application flow systems, domestic wastewater residuals land application, phosphogypsum stack systems, and solid water disposal facilities if reasonable assurance is provided by the installation owner that the ground water and drinking water source are protected. Reasonable assurance shall be demonstrated if:

(a) The planned withdrawal from the drinking water supply well will not cause the discharge from the operation to be captured by the well, or

(b) The drinking water supply well is withdrawing from a confined aquifer, or

(c) Additional monitoring of the ground water and the drinking water is provided to ensure that contaminants are not reaching the drinking water supply well and a commitment is made to treat the drinking water supply if a contaminant is detected or to provide an alternate drinking water supply, and.

(d) The 100-foot and 75-foot setback distances from sanitary hazards as provided in Table I shall apply.

Rulemaking Specific Authority 373.309, FS. Law Implemented 373.306, 373.308, 373.309, 373.316, 403.862, FS. History–New 8‑17‑74, Amended 9‑10‑78, Formerly 17‑21.04, 17‑21.040, Amended 7‑30‑89, 3‑11‑92, Formerly 17‑532.400, Amended 3-28-02,________.

 

62‑532.410 Water Well Completion Report.

Within 30 days after completion of the construction, or repair, or abandonment of any water well, a written report shall be filed with the permitting authority on Form Number 62-532.900(2), adopted and incorporated herein, and available as described in Rule 62-532.900, F.A.C the appropriate forms.

Rulemaking Specific Authority 373.309 FS. Law Implemented 373.309 FS.  History–New 8‑17‑74, Formerly 17‑21.05, 17‑21.050 Amended 7‑30‑89, Formerly 17‑532.410, Amended_________.

 

62‑532.420 Emergency Water Well Permits.

(1) Permission to begin construction, or repair, or abandonment of any well may be applied for by telephone when emergency conditions exist that which would justify such a request. The permitting authority shall may grant an emergency permit to avert an imminent and substantial danger to the public health, safety, or welfare.

(2) No change.

Rulemaking Specific Authority 373.309 FS. Law Implemented 373.306, 373.308, 373.313, 373.326 FS. History–New 8-17-74, Formerly 17-21.06, 17-21.060, Amended 7-30-89, Formerly 17-532.420, Amended_________.

 

62‑532.440 Abandonment of Water Wells.

Rulemaking Specific Authority 373.309 FS. Law Implemented 373.306, 373.309, 373.313, 373.316, 373.333 FS. History–New 8‑17‑74, Formerly 17‑21.09, 17‑21.090 Amended 7‑30‑89, Formerly 17‑532.440, Repealed________.

 

62-532.500 Water Well Construction Standards.

The following minimum standards shall apply to the construction, and repair, and abandonment of water wells in the State unless exempted by a water management district rule with the concurrence of the Department. Operation requirements for public water systems are included in Chapter 62-555, F.A.C., and operation requirements for limited use public water systems, multifamily water systems, and private water systems are included in Chapter 64E-8, F.A.C.

(1) Well Casing, Liner Pipe, Coupling, and Well Screen Requirements.

(a) Well casing, liner pipe, coupling, and well screen shall be new or in like new condition. Such well casing, liner pipe, coupling, or well screen shall not be used unless free of breaks, corrosion and dents, is straight and true, and not out of round. Welded or seamless black or galvanized steel pipe or casing, or stainless steel pipe or casing, or approved types of nonmetallic pipe shall be used for well casing or liner pipe. All well casing shall conform to one of the following standards: American Society for Testing and Materials (ASTM) A53/A53M-99b, A135-01, A252-98, A589-96, or American Petroleum Institute (API) 5L-2000. Well casing that conforms to any of the aforementioned ASTM or API standards shall also conform to the American National Standard Institute for Welded and Seamless Wrought Steel Pipe (ANSI/ASME B36.10M-2000). All well casing shall be stenciled with the applicable standard, or proper documentation of manufacturer specifications must be supplied to the permitting authority upon request. Copies of these standards may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA. 19428-2959; the American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005-4070; and the American National Standards Institute, 1819 L Street N.W., Washington, DC 20036, respectively.

(b) through (f) No change.

(g) Well casing, liner pipe, coupling, and well screens used for potable water well construction or repair shall conform to Section 6 of NSF International Standard/American National Standard NSF/ANSI 14-2008e 14-2001, Plastics Piping System Components and Related Materials, or NSF International Standard/American National Standard NSF/ANSI 61-2008 61-2001, Drinking Water System Components – Health Effects, both of which are adopted and incorporated by reference herein. Copies of these copyrighted standards may be obtained from NSF International, P. O. Box 130140, Ann Arbor, MI 48113-0140.

(h) through (i) No change.

(2) Geothermal well heat exchanger pipe and fitting materials shall meet the standards and specifications in the document Closed-Loop/Geothermal Heat Pump Systems Design and Installation Standards, Revised Edition 2008, published by the International Ground Source Heat Pump Association, Oklahoma State University, which is adopted and incorporated by reference herein. In addition, the reference Closed-Loop/Ground-Source Heat Pump Systems Installation Guide, 1988, Oklahoma State University, is excellent and is included here as a guidance document. Copies of all of these references may be obtained from the International Ground Source Heat Pump Association, Oklahoma State University, 374 Cordell South, Stillwater, OK 74078-8018.

(a) All geothermal well heat exchanger pipe and fitting materials shall be stenciled with the applicable standard, or proper documentation of manufacturer specifications must be supplied to the permitting authority upon request.

(b) The Department or the permitting authority shall approve geothermal well heat exchanger pipe and fitting materials not meeting the standards and specifications in the document adopted in subsection 62-532.500(2), F.A.C., if the applicant makes a showing, certified by a professional engineer, to justify that such use would provide an equivalent material strength and durability.

(3)(2) Well Construction Criteria.

(a) For Wwells casings, which are seated into obtaining water from unconsolidated earth materials, casing shall extend from the upper terminus of the well to the well screen. The well screen shall be attached to the casing with a watertight seal.

(b) For Wwells casings that are seated into a rock layer or other obtaining water from consolidated earth materials, shall be a continuous and casing shall extend from the upper terminus of the well to no less than the top of the uppermost consolidated unit. Wells constructed of telescoping casings shall be considered as a continuous casing provided the grout requirements are met satisfied. The lower terminus bottom end of the well casing shall extend to or below the water level of the aquifer intended to supply water to the well or receive fluids from the well. In addition, all caving zones below the uppermost unit shall be cased.

(c) Geothermal wells shall be grouted in accordance with subparagraph 62-532.500(3)(i)6., F.A.C.

(d)(c) No change.

(e)(d) Prevention of Interchange of Water and Loss of Artesian Pressure.

All water wells shall be properly designed and constructed to prevent an interchange of water between water bearing zones that which may result in deterioration of the quality of water in one or more water bearing zones, or will result in a loss of artesian pressure. If a well cannot be properly completed to prevent such an unauthorized interchange of water between water bearing zones or to prevent a loss of artesian pressure, the well shall be abandoned and plugged in accordance with this Chapter or other directions from the permitting authority, which are appropriate for the hydrogeological conditions encountered.

(f) In the construction, repair, or abandonment of a water well, caution shall be taken to maintain the work site so as to minimize the potential entrance of contaminants into the bore hole and the ground water resource.

(g) Only water from a potable water source shall used in the construction, repair or abandonment of a water well, including water for cleaning of well materials, drilling equipment, and water used to mix drilling fluids.

(h)(e) No change.

(i)(f) Grouting and Sealing.

1. All well casings seated into a Casing for wells which obtain their water from a rock layer or other such consolidated formation shall, at a minimum, be seated or sealed with neat cement grout, into that rock layer or other consolidated formation.

2. No change.

3. In the construction of water wells with driven casing, fFor limited use commercial public water systems, limited use community public water systems, and public water systems, potable water wells permitted pursuant to Chapter 62-524, F.A.C., and water wells serving bottled water plants constructed with driven casing, the minimum acceptable seal shall be accomplished by undercutting or under-reaming the last five feet of the hole before seating the casing. A minimum of one foot of such enlarged hole must be into the consolidated formation in which the casing will be seated. The entire enlarged portion of the hole shall be filled with cement grout, and then the casing shall be driven through the cement grout and seated into the enlarged one-foot portion of the consolidated formation. The uppermost 20 feet of casing shall be sealed with no less than a two-inch nominal thickness of cement grout. No other minimum seal shall be acceptable unless approved by the appropriate water management district or delegated permitting authority as providing equivalent protection to the resource.

4. For any part of a well casing with an outside diameter of four inches or larger intended to be installed in a bore hole which is larger in diameter than the inside outside diameter of the casing, the annular space shall be filled from bottom to top with not less than a nominal two-inch thickness of neat cement grout. For those well casings with an outside diameter of less than four inches, intended to be installed in a bore hole which is larger in diameter than the inside diameter of the casing, the minimum grout thickness shall be a nominal one inch thickness of neat cement grout. The casing shall be centered in the bore hole prior to grouting. In those cases where, during grouting operations, the circulation of the grout is lost so that the annular space being grouted cannot be filled in one continuous operation, a tremie pipe shall be installed in the annular space to a point immediately above the zone of lost circulation and the annulus shall be bridged at that point by sand or other approved material introduced through the pipe. Grouting of annular space shall be completed using the tremie pipe or other equivalent method approved by the permitting authority.

5. No change.

6. Except as provided in subparagraph 5. above, grouting and sealing of water wells shall be accomplished by the practices and methods recommended by Appendix C of American Water Works Association (AWWA) Standard A100-97, AWWA Standard for Water Wells, and grouting and sealing of geothermal wells shall be accomplished by the practices and methods recommended by the Vertical Geothermal Heat Pump Systems Engineering Design and Field Procedures Manual, published by the International Ground Source Heat Pump Association, First Edition 2000, Oklahoma State University, which are adopted and incorporated by reference herein. Copies of these recommended practices and methods may be obtained from the American Water Works Association, 6666 West Quincy Avenue, Denver, CO 80235; and the International Ground Source Heat Pump Association, Oklahoma State University, 374 Cordell South, Stillwater, OK 74078-8018, respectively.

7. Alternate grouting methods and materials providing equivalent protection shall be approved in writing by the permitting authority. Alternatives to the grouting methods described in subparagraphs 1.-6. Above, must be requested for use from the permitting authority as part of the construction permit application, or once construction begins only in situations where the methods in the rules are not working. In either situation, a detailed explanation of what and why alternate methods are requested must be provided. Alternate grout materials (other than neat cement grout) must be requested in the construction permit application, or once construction begins only when neat cement grout is not providing or will not provide as good a seal as the alternate materials.

(3) through (4) renumbered (4) through (5) No change.

Rulemaking Specific Authority 373.309 FS. Law Implemented 373.309, 373.313, 373.316 FS. History–New 8‑17‑74, Formerly 17‑21.10, 17‑21.100, Amended 7‑30‑89, 3‑11‑92, Formerly 17‑532.500, Amended 3-28-02,________.

 

62-532.900 Forms and Instructions.

The forms used by the Department for permitting and construction of a well are listed below by form number and name. Each form has been incorporated into this rule by reference. Copies of these forms may be obtained by writing to the Department of Environmental Protection, Ground Water Regulatory Section, M.S. 3580, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. These forms also are available at the five regional water management district offices.

(1) State of Florida Permit Application to Construct, Repair, or Abandon a Well, Form Number 62-532.900(1), incorporated in subsection 62-532.400(1), F.A.C., effective________.

(2) State of Florida Well Completion Report, Form Number 62-532.900(2), incorporated in Rule 62-532.410, F.A.C., effective________.

Rulemaking Authority 373.309 FS. Law Implemented 373.309, 373.313, 373.316 FS. History–New________.

 

TABLE I

WELL SETBACK DISTANCES

[insert effective date of this rulemaking]

Part A

Drinking Water Supply Wells Serving Public Water Systems or

Bottled Water Plant Wells

RULE

INSTALLATION

SETBACK (in feet) (footnote)

Reuse of Reclaimed Water and Land Application

62-610.421(3)

Slow Rate Land Application Restricted Public Access

500 (a)

62-610.521(2)

Rapid Rate Land Application

500 (b)

62-610.621(2)

Overland Flow Systems

500

62-610.621(4)

Transmission Facilities Conveying Reclaimed Water to Restricted Public Access Slow Rate Land Application Systems, Rapid Rate Land Application System, or Overland Flow Systems

100

62-610.471(1)

Public Access, Residential Irrigation, or Edible Crop Slow-rate Land Application Systems

75

62-610.471(3)

Transmission Facilities Conveying Reclaimed Water to Public Access, Residential Irrigation, or Edible Crop Slow-rate Land Application Systems

75

Domestic Wastewater Residuals

62-640.700(4)(b)

Domestic Wastewater Residuals Land Application Areas

500

Phosphogypsum Management

62-673.340(2)(d)

Phosphogypsum Stack Systems

500 (c)

Petroleum Storage Tank Systems

62-761.500(1)(a) and

62-762.501(1)(a)

Aboveground or Underground Storage Tanks

100

Solid Waste Management Facilities

62-701.300(2)(h)(b)

Solid Waste Disposal Facilities

500

62-701.300(12)(c)

Yard Trash Disposal, Storage, or Processing

200

62-701.300(13)

Storage or Treatment of Solid Waste in Tanks

100

Permitting and Construction of Public Water Systems

62-555.312(1)

64E-8.002(2)(b)2.

Onsite Sewage Treatment and Disposal Systems

200 (d), 100 (e)

Public Water Systems

62.555.312(3)(4)

Sanitary Hazard as defined in Rule 62-550 for drinking water supply wells serving public water systems

100 (f), 50 (g)

Feedlot and Dairy Wastewater Treatment and Management Requirements

62-670.500(6)(a)

Dairy Farm Waste  Unlined Storage and Treatment, or High Intensity Areas

300

62-670.500(6)(b)

Dairy Farm Waste  Land Application

200

Part B

Drinking Water Supply Wells Serving Limited Use Commercial Public

Water Systems and Limited Use Community Public Water Systems

RULE

INSTALLATION

SETBACK (in feet) (footnote)

Reuse of Reclaimed Water and Land Application

62-610.421(3)

Slow Rate Land Application Restricted Public Access

500 (a)

62-610.521(2)

Rapid Rate Land Application

500 (b)

62-610.621(2)

Overland Flow Systems

100

62-610.621(4)

Transmission Facilities Conveying Reclaimed Water to Restricted Public Access Slow Rate Land Application Systems, Rapid Rate Land Application System, or Overland Flow Systems

100

62-610.471(1)

Public Access, Residential Irrigation, or Edible Crop Slow-rate Land Application Systems

75

62-610.471(3)

Transmission Facilities Conveying Reclaimed Water to Public Access, Residential Irrigation, or Edible Crop Slow-rate Land Application Systems

75

Domestic Wastewater Residuals

62-640.700(4)(b)

Domestic Wastewater Residuals Land Application Areas

500

Phosphogypsum Management

62-673.340(2)(d)

Phosphogypsum Stack Systems

500 (c)

Petroleum Storage Tank Systems

62-761.500(1)(a) and

62-762.501(1)(a)

Aboveground or Underground Storage Tanks

100

Solid Waste Management Facilities

62-701.300(2)(b)

Solid Waste Disposal Facilities

500

62-701.300(12)(a)

Yard Trash Disposal, Storage, or Processing (no set back required for from on-site water wells yard trash disposal)

100

62-701.300(13)

Storage or Treatment of Solid Waste in Tanks

100

Drinking Water Systems

64E-8.002(2)(b)2.

Onsite Sewage Treatment and Disposal Systems

200 (d), 100 (e)

 

Sanitary Hazard

100 (f), (g)

64E-8.002(2)(b)1.

Pesticide Treated Slab

25 (g)

Feedlot and Dairy Wastewater Treatment and Management Requirements

62-670.500(6)(a)

Dairy Farm Waste - Unlined Storage and Treatment, or High Intensity Areas

300

62-670.500(6)(b)

Dairy Farm Waste - Land Application

200

Part C

Private Wells

Multifamily Wells

RULE

INSTALLATION

SETBACK (in feet) (footnote)

Reuse of Reclaimed Water and Land Application

62-610.421(3)

Slow Rate Land Application Restricted Public Access

500 (a)

62-610.521(2)

Rapid Rate Land Application

500 (b)

62-610.621(2)

Overland Flow Systems

100

62-610.471(1)

Public Access, Residential Irrigation, or Edible Crop Slow-rate Land Application Systems

75

Domestic Wastewater Residuals

62-640.700(4)(b)

Domestic Wastewater Residuals Land Application Areas

300

Petroleum Storage Tank Systems

62-761.500(1)(a) and 62-762.501(1)(a)

Aboveground or Underground Storage Tanks

100

Solid Waste Management Facilities

62-701.300(2)(b)

Solid Waste Disposal Facilities

500

62-701.300(12)(a)

Yard Trash Disposal, Storage, or Processing (no set back required for on-site water wells)

100

62-701.300(13)

Storage or Treatment of Solid Waste in Tanks

100

Drinking Water Systems

64E-8.003(1)

Onsite Sewage Treatment and Disposal Systems

75

 

Sanitary Hazard

75 (f), (g)

64E-8.002(2)(b)1.

Pesticide Treated Slab

25 (g)

Feedlot and Dairy Wastewater Treatment and Management Requirements

62-670.500(6)(a)

Dairy Farm Waste - Unlined Storage and Treatment, or High Intensity Areas

300

62-670.500(6)(b)

Dairy Farm Waste - Land Application

200

Part D

Irrigation Wells and Geothermal Wells

RULE

INSTALLATION

SETBACK (in feet)

Standards for Onsite Sewage Treatment and Disposal Systems

64E-6.005(1)(d)

Onsite Sewage Treatment and Disposal Systems

50

 

TABLE I FOOTNOTES

(a) This distance shall be reduced to 200 feet if facility Class I reliability is provided and shall be reduced to 100 feet if both facility Class I reliability and high-level disinfection are provided.

(b) This distance shall be reduced to 200 feet if both facility Class I reliability and high-level disinfection are provided and if the applicant provides reasonable assurance that applicable water quality standards will not be violated at the point of withdrawal.

(c) This distance applies only to shallow water supply wells (i.e., potable water wells that pump from an unconfined water table aquifer).

(d) This distance applies to public drinking water supply wells that serve water systems having total sewage flows greater than 2,000 gallons per day.

(e) This distance applies to public drinking water supply wells that serve water systems having total sewage flows less than or equal to 2,000 gallons per day.

(f) This distance applies to sanitary hazards that pose a potentially high risk to ground water quality and public health as defined in subsection 62-555.312(3), F.A.C. The following examples are of sanitary hazards that pose a potentially high risk: active or abandoned mines; airplane or train fueling or maintenance areas at airports and railroad yards; concentrated aquatic animal production facilities; domestic wastewater collection/transmission systems; drainage or injection wells, oil or gas production wells, and improperly constructed or abandoned wells (i.e., wells not constructed or abandoned in accordance with Chapter 62-532, F.A.C.); fertilizer, herbicide, or pesticide storage areas at agricultural sites, golf courses, nurseries, and parks; graveyards; impoundments and tanks that process, store, or treat domestic wastewater, domestic wastewater residuals, or industrial fluids or waste and that are not regulated under Rule 62-670.500, F.A.C.; industrial waste land application areas other than those regulated under Rule 62-670.500, F.A.C.; junkyards and salvage or scrap yards; pastures with more than five grazing animals per acre; cattle dip vats; pipelines conveying petroleum products, chemicals, or industrial fluids or wastes; and underground storage tanks that are not regulated under Chapter 62-761, F.A.C., but are used for bulk storage of a liquid pollutant or hazardous substance (as defined in Chapter 62-761, F.A.C.) other than sodium hypochlorite solution. Sanitary hazard means a physical condition which involves or affects any part of a drinking water system or raw water source, and that creates an imminent or potentially serious risk to the health of any person who consumes water from that system. Examples of sanitary hazards include drainage wells; commercial applications of pesticides or fertilizers, such as golf courses, nurseries and crop production sites; animal feeding operations; improperly abandoned wells; active or abandoned phosphate mines; pipelines carrying industrial chemicals; railroad yards; domestic wastewater; cemeteries; stormwater retention/detention basins; tanks or lagoons used to store, treat, or dispose of liquid wastes; cattle dipping vats; tomato or egg wash wastewater land application areas; or waste transfer stations.

(g) This distance applies to sanitary hazards that pose a potentially moderate risk to ground water quality and public health as defined in subsection 62-555.312(3), F.A.C. The following examples are of sanitary hazards that pose a moderate risk: aboveground storage tanks that are not regulated under Chapter 62-762, F.A.C., but are used for bulk storage of a liquid pollutant or hazardous substance (as defined in Chapter 62-762, F.A.C.) other than sodium hypochlorite solution; fertilizer, herbicide, or pesticide application areas that are not under the ownership or control of the supplier of water at agricultural sites, golf courses, nurseries, and parks; railroad tracks; stormwater detention or retention basins; and surface water (the surface water setback does not apply to multi-family and private wells). This distance shall be reduced to 15 feet for wells that are installed through an impervious strata of clay, hardpan, or rock and that are constructed in accordance with subparagraph 62-532.500(2)(f)3, F.A.C.


NAME OF PERSON ORIGINATING PROPOSED RULE: Janet G. Llewellyn, Director, Division of Water Resource Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael W. Sole, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 26, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 6, 2009