Chapter 62-520, Florida Administrative Code
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Rule 62-520.200 – Definitions
Critical Terms You Must Understand
Aquifer – A geologic formation capable of yielding significant groundwater to wells or springs. In Florida, this includes the Floridan Aquifer system and surficial aquifers.
Existing Installation – A facility qualifying for grandfather provisions. To qualify, you must meet ONE of these criteria:
- Filed complete permit application before January 1, 1983
- Submitted monitoring plan by the deadlines in the table below
- Operating before July 1, 1982 and compliant with rules at that time
Monitoring Plan Submission Deadlines for Existing Installations
Installation – Any structure, equipment, facility, or operation that may be a source of pollution. This includes ALL potential pollution sources.
Zone of Discharge – The 3D volume around your discharge where treatment and dilution occur. You must meet standards at the boundary of this zone.
Legal Authority: Sections 403.061, 403.021, 403.031 F.S.
Rule 62-520.300 – Purpose and Intent
Constitutional Mandate
Article II, Section 7, Florida Constitution requires abatement of water pollution. These rules implement that mandate.
Key Legal Principles
- Equal Enforcement – Standards apply equally to public and private sectors
- Science-Based Decisions – Department must use best available scientific information
- No Health Compromise – Zero flexibility when human health is threatened
- Balanced Approach – Economic/social costs considered EXCEPT for health hazards
Important Historical Context
These rules include flexibility provisions (zones of discharge, exemptions) that make standards achievable. WITHOUT these provisions, the Commission would not have adopted the standards.
Legal Authority: Sections 403.061, 403.087 F.S.
Rule 62-520.310 – General Provisions
Universal Requirements
§310(1) – Violation = Pollution Any violation of groundwater standards constitutes pollution under Florida law.
§310(2) – Surface Water Protection Groundwater discharge cannot impair designated use of connected surface waters.
§310(3) – Dual Limits You may need to meet BOTH:
- Technology-based effluent limitations
- Water quality-based effluent limitations
§310(5) – Testing Requirements
- Use unfiltered samples unless filtered is more representative
- Refer to DEP document: “Determining Representative Ground Water Samples”
§310(7) – Discharge Prohibition No discharge causing standard violations except within permitted zone of discharge.
Special Provisions for Existing Installations
§310(6) – Existing installations can choose compliance point:
- Test discharge directly, OR
- Install monitoring well at property boundary
§310(14) – Existing installations in Class G-II exempt from secondary standards outside zone EXCEPT per Rule 62-520.520.
Zone of Discharge Allowances
§310(8) – Zones allowed ONLY for:
- Aquifer recharge projects
- Reclaimed water aquifer storage
- Approved remediation projects
§310(9) – NO zones allowed for direct discharge to G-I, F-I, or G-II via wells/sinkholes.
§310(11) – RO Concentrate Exemption:
- Water treatment plants can dispose RO concentrate if receiving aquifer >1500 mg/L TDS
- Cannot violate standards at any water supply well
Legal Authority: Sections 403.061, 403.087 F.S.
Rule 62-520.400 – Minimum Criteria
Absolute Prohibitions – No Exceptions
All groundwater must be free from discharges that:
§400(1)(a) – Harm soil organisms needed for natural treatment §400(1)(b) – Are carcinogenic, mutagenic, teratogenic, or toxic (unless specific standard exists) §400(1)(c) – Are acutely toxic in affected surface waters §400(1)(d) – Pose serious danger to public health, safety, or welfare §400(1)(e) – Create a nuisance §400(1)(f) – Impair reasonable use of adjacent waters
Class G-IV Exception
§400(2) – Minimum criteria don’t apply to G-IV unless Department finds danger.
Secretary’s Authority for Toxic Determinations
§400(3) – Process for case-by-case toxic limits:
- Only Secretary can set (not delegated to districts)
- Must publish in Florida Administrative Register
- Report to Commission every 6 months
- Commission can make it a rule or withdraw it
- $6,000 fee per parameter for exemptions
Legal Authority: Sections 403.061, 403.021 F.S.
Rule 62-520.410 – Classification of Ground Water
Groundwater Classifications
| Class | Use | TDS Limit | Description |
|---|---|---|---|
| F-I | Potable | <3,000 mg/L | Single source aquifer in Flagler County |
| G-I | Potable | <3,000 mg/L | Single source aquifer, Commission designated |
| G-II | Potable | <10,000 mg/L | Default for potential drinking water |
| G-III | Non-potable | ≥10,000 mg/L or 3,000-10,000 mg/L if designated | Unconfined, too salty for drinking |
| G-IV | Non-potable | ≥10,000 mg/L | Confined, deep brine |
Reclassification Process
Filing Requirements
Submit petitions to DEP Office of General Counsel at MS 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.
Required Findings for Any Reclassification
The Commission must make three affirmative findings: First, the proposed reclassification establishes the best use of groundwater. Second, the reclassification is clearly in public interest. Third, the designated use is attainable considering all factors.
Single Source Aquifer (G-I/F-I) Additional Requirements
The Department must provide 60-day notice to all local governments and legislators whose jurisdictions include the proposed aquifer. A public workshop must be held in the affected area with newspaper notice published 60 days in advance. The Commission must consider alternative water sources and their costs, assess future water supply needs, evaluate potential health risks without protection, and consider impacts on existing dischargers.
Legal Authority: Sections 403.061, 403.021 F.S.
Rule 62-520.420 – Standards for Class G-I and G-II
Drinking Water Standards Apply
§420(1) – Must meet:
- Primary drinking water standards (Chapter 62-550.310 F.A.C.)
- Secondary drinking water standards (Chapter 62-550.320 F.A.C.)
- Minimum criteria (Rule 62-520.400)
Exceptions:
- Total coliform = 4 per 100 mL (not drinking water standard)
- Asbestos standard doesn’t apply
- Existing installations may have secondary standard exemptions
§420(2) – Natural Background Override: If natural levels exceed standards, natural background becomes the standard.
§420(4) – Within Zone of Discharge: Only minimum criteria apply, not drinking water standards.
Legal Authority: Sections 403.061, 403.087, 403.088 F.S.
Rule 62-520.430 – Standards for Class G-III
§430(1) – Minimum criteria apply to all G-III groundwater.
§430(2) – Exception for injection wells with aquifer exemption (per 62-528.300(3)):
- Minimum criteria don’t apply unless danger exists
- Other facilities discharging to same aquifer must still meet standards
Legal Authority: Sections 403.061, 403.021 F.S.
Rule 62-520.440 – Standards for Class G-IV
Department sets standards case-by-case. Minimum criteria don’t apply unless danger exists.
Legal Authority: Sections 403.061, 403.021 F.S.
Rule 62-520.460 – Class F-I Ground Water
Geographic Boundaries
Northeast Flagler County bounded by:
- East: Atlantic Ocean
- West: Intracoastal Waterway
- North: Sections 8 and 39, Township 10 South
- South: Line from Sections 9-10, Township 11 South at Fox’s Cut
Standards
Same as G-I and G-II (drinking water standards apply).
Legal Authority: Sections 403.061, 403.021 F.S.
Zone of Discharge Rules by Classification
Rule 62-520.461 – F-I Zones
Default: NO zone of discharge allowed.
Exceptions:
- Domestic/reclaimed water and stormwater: 100 feet or property line (whichever less)
- Other discharges meeting domestic effluent quality: Same as #1
- Existing installations: Keep current permits but expansions meet new standards
Rule 62-520.462 – G-I Zones
Default: NO zone of discharge allowed.
Exceptions:
- Domestic/reclaimed water and stormwater: 100 feet or property line (whichever less)
- Other discharges meeting standards in 62-600.530: Same as #1
- Existing installations: Grandfather rights but expansions meet new standards
Rule 62-520.465 – G-II Zones
§465(1) – Existing Installations: Zone per permit or to property line if not specified.
§465(2) – New Installations:
(a) Standard Zone: 100 feet or property line (whichever less)
(b) Larger Zone Requirements:
- Won’t violate standards in water supplies
- Won’t impair surface waters
- Benefits outweigh costs
(c) Multiple Sites: Can share single zone
§465(3) – Automatic 100-foot Zones (no permit needed):
- Agricultural fields, ditches, canals
- Exempt animal feeding operations
- Stormwater facilities
Legal Authority: Sections 403.061, 403.087, 403.088 F.S.
Rule 62-520.470 – Zone Modifications
Reasons for Modification
Department SHALL order or permittee MAY petition for modification when:
(a) Plume exceeds zone boundary (b) Threatens drinking water or surface water (c) Imminent threat to public health (d) Smaller zone adequate at reasonable cost (e) Monitoring data inadequate (f) Discharge changes require modification
Extension Beyond Property Line
§470(3)(d) – Requirements:
- Won’t impair water uses
- Won’t violate standards in drinking water
- Neighbors can use property
- Benefits outweigh costs
- Notify all affected property owners by certified mail
Must record in property deeds if approved.
Legal Authority: Sections 403.061, 403.087, 403.088 F.S.
Exemption Procedures
Rule 62-520.500 – G-I/G-II Exemptions
Filing Requirements:
- File petition with DEP Office of General Counsel
- Pay $6,000 per parameter
- Include proposed alternative limits
Required Demonstrations (ALL must be met):
- Clearly in public interest
- Unnecessary for protecting water supplies
- Won’t interfere with water uses
- Costs outweigh benefits
- Adequate monitoring program
- No danger to public
Process:
- DEP publishes in Florida Administrative Register
- Petitioner publishes in local newspaper
- Opportunity for administrative hearing
- Valid only for permit duration
- Must reapply at renewal (new $6,000 fee)
Rule 62-520.510 – G-III/G-IV Exemptions
Same process but easier requirements:
- For wastewater disposal in public interest
- Costs outweigh benefits
- Suitable technology used
- Won’t violate adjacent G-I/G-II or surface water standards
Legal Authority: Sections 403.061, 403.087 F.S.
Rule 62-520.520 – Secondary Standards Exemptions
Automatic Exemption for Existing Installations
Existing installations exempt from secondary standards UNLESS Department finds:
(a) Aquifer is current or planned drinking water source (b) Hydrogeologic study shows impact (c) Will violate standards in drinking water areas/wells
Absolute Prohibition
§520(6) – Cannot violate secondary standards at ANY water supply well.
Loss of Exemption
§520(7) – Failure to submit monitoring data = loss of exemption.
Legal Authority: Sections 403.061, 403.087 F.S.
Rule 62-520.600 – Monitoring Requirements
Plan Submission Deadlines
New Installations: Submit with initial permit application Existing Installations: Should have submitted by March 1984
Required Monitoring Wells
§600(6) – Minimum Requirements:
- Background Well – Upgradient to show natural conditions
- Intermediate Well – Within zone to track plume
- Compliance Well – At zone boundary
- Additional wells as needed for complex sites
Well Installation Requirements
§600(6)(h) – Give 72-hour notice before installation §600(6)(i) – Submit well locations within 60 days (include GPS coordinates) §600(6)(j) – Submit completion reports within 30 days on Form 62-520.900(3) §600(6)(k) – Plug unused wells within 60 days §600(6)(l) – Report damaged wells within 2 business days
Pre-Discharge Sampling
§600(5)(a) – Before discharging, test for:
- All primary and secondary drinking water parameters
- Volatile organics
- Extractable semivolatile organics
- Submit results within 60 days
Monitoring Exemptions
§600(9) – Exempt Facilities:
- Domestic <100,000 gpd (with exceptions)
- Stormwater facilities
- Agricultural fields
- Certain animal operations
Small Domestic Facilities
§600(10) – Facilities <100,000 gpd after July 1, 1994:
- Need one downgradient well
- Sample semiannually
Reporting Requirements
§600(11)(a) – Initial report within 90 days of discharge §600(11)(b) – Quarterly reports (or as specified) §600(11)(d) – Sampling intervals:
- Quarterly: 45+ days apart
- Semiannual: 90+ days apart
- Annual: 180+ days apart
Legal Authority: Sections 403.061, 403.087, 403.0877, 403.088 F.S.
Rule 62-520.700 – Corrective Action
Department Authority
Can order corrective action WITH OR WITHOUT valid permit.
Imminent Hazard
§700(1) – Immediate action required:
- Stop discharge
- Clean up aquifer
- Contain plume
Non-Imminent Violations
§700(2) – Action based on:
- Plume direction relative to water supplies
- Plume size (horizontal and vertical)
- Migration rate
- Toxicity level
- Dilution rate
- Cost-benefit analysis
- Current and future water uses
Legal Authority: Sections 403.061, 403.087, 403.088, 403.121, 403.141, 403.161 F.S.
Rule 62-520.900 – Forms
Required Forms
- Application for Monitoring Plan Approval (July 12, 2009)
- Ground Water Monitoring Report (April 14, 1994)
- Monitoring Well Completion Report (July 12, 2009)
Where to Get Forms: Department of Environmental Protection Bureau of Water Facilities Regulation, MS 3580 2600 Blair Stone Road Tallahassee, Florida 32399-2400
Legal Authority: Sections 403.061, 403.0875, 403.0877 F.S.
Quick Reference Tables
Zone of Discharge Summary
| Water Class | Default Zone | Exceptions |
|---|---|---|
| F-I | None | Domestic/storm: 100 ft or property line |
| G-I | None | Domestic/storm: 100 ft or property line |
| G-II | 100 ft or property line | Can request larger with justification |
| G-III | Per 62-520.400 | Case-by-case |
| G-IV | Case-by-case | Case-by-case |
Key Deadlines
| Action | Deadline |
|---|---|
| Well installation notice | 72 hours before |
| Well location maps | 60 days after installation |
| Well completion reports | 30 days after installation |
| Damaged well notification | 2 business days |
| Pre-discharge sampling results | 60 days after sampling |
| Initial discharge report | 90 days after starting |
| Quarterly monitoring | Every 3 months (45+ days apart) |
Exemption Costs
| Type | Fee |
|---|---|
| G-I/G-II exemption | $6,000 per parameter |
| G-III/G-IV exemption | $6,000 per parameter |
| Renewal | Same fee structure |
Compliance Checklist
For New Facilities
- [ ] Determine groundwater classification at your site
- [ ] Submit monitoring plan with permit application
- [ ] Install monitoring wells BEFORE discharge
- [ ] Conduct pre-discharge sampling
- [ ] Submit baseline results within 60 days
- [ ] Begin quarterly monitoring
For Existing Facilities
- [ ] Verify “existing installation” status
- [ ] Check zone of discharge in current permit
- [ ] Review monitoring requirements
- [ ] Verify secondary standards exemption (if applicable)
- [ ] Submit required monitoring reports
- [ ] Plan for permit renewal requirements
For Violations
- [ ] Immediate notification for imminent hazards
- [ ] Implement corrective action plan
- [ ] Increase monitoring frequency
- [ ] Document all remedial measures
- [ ] Prepare for enforcement proceedings
Contact Information
Florida Department of Environmental Protection Bureau of Water Facilities Regulation MS 3580, 2600 Blair Stone Road Tallahassee, Florida 32399-2400
For Permits: Contact appropriate DEP District Office For Forms: Bureau of Water Facilities Regulation For Reclassifications: Office of General Counsel, MS 35
Legal Disclaimer
This guide summarizes Florida Administrative Code Chapter 62-520 for reference purposes. Always consult current regulations and DEP guidance for official requirements. When in doubt, contact DEP or consult with environmental professionals.
