Monitoring requirements – All performance-based treatment systems shall be monitored in compliance with the requirements in this section. If soil is considered part of the treatment system in any performance-based standard, monitoring points in the effluent plume within the boundaries of the property must be in compliance with the minimum criteria for total nitrogen, total phosphorous and fecal coliform.

1. (1) Advanced wastewater treatment systems.

   1. (a) A maintenance report shall be kept by the performance system maintenance entity. A copy of all maintenance reports shall be provided to the Department on monthly intervals, to begin one month after system operation has started. After the first six reports are provided to the Department, reports shall be provided once every three months. All reports must be legible. The report shall include the following information:

      1. (I) Setbacks required in paragraphs 62-6.028(1)(a)-(c), F.A.C.
      2. (II) Seasonal high water table subparagraph 62-6.028(1)(c)4., F.A.C.
      3. (III) Authorized lot flow subsection 62-6.028(2), F.A.C.

      1. Address of performance-based treatment system.

      2. Date and time of inspection.

      3. Sample collection time and date, and person who collected sample.

      4. Results of all sampling.

      5. Volume of effluent treated, to include total monthly and daily average.

      6. Maintenance performed.

      7. Problems noted with performance-based treatment system and actions taken or proposed to overcome them.

      8. During the first six months of system operation, or after the system has failed, systems shall be monitored a minimum of once every two weeks. Monitoring shall include sampling for CBOD5, TSS, TN, TP and fecal coliform. Monitoring shall occur at the time the system is expected to be at capacity, or as close to capacity as possible. Re-sampling within 48 hours of receipt of laboratory results shall be allowed on all samples that exceed design parameters in order to evaluate the validity of the original sample results. If the re-sample is in compliance with the appropriate performance-based standard, the original result shall be disregarded. Laboratories must be approved by the Department for all analyses performed. All results shall be certified by the laboratory.

      a. If any two consecutive samples exceed design treatment standards by more than 100%, the system design and operation shall be inspected by the design engineer for conformance with permitting requirements, and shall be adjusted to bring the effluent quality into compliance with permitting requirements. Monitoring shall be increased to once per week, or more if the design engineer specifies such, until such time the violation is corrected. When two consecutive samples are within 100% of the design parameters, monitoring shall be reduced to once every two weeks. For example, if the design parameter is 10 mg/l CBOD5, a reading of 20 mg/l CBOD5 exceeds the standard by 100%.

      b. After a six month period of compliance with all applicable performance standards, sampling shall be performed quarterly.

      c. When an applicant installs a system designed to meet advanced wastewater treatment standards, the monitoring frequency shall be reduced by 50% if only one of the following three location and installation requirements is used and the other two remain at the standards required of prescriptive systems. The three requirements are:

   2. (b) When four consecutive once every two week samples from a system are at or below the applicable standard, sampling frequency shall be reduced to quarterly.
   3. (c) When eight consecutive quarterly samples from a system are below the applicable standard, sampling frequency shall be reduced to once every six months.
   4. (d) All reports of operating permit violations shall be reported to the Department within five working days.
   5. (e) If the system cannot be brought into compliance with design parameters, the contingency plan must be enforced.
   6. (f) All failures of the performance-based treatment system shall be reported to the Department by the maintenance entity within one working day from discovery of failure. The testing laboratory shall mail copies of all results to the Department.
   7. (g) Testing performed during periods of system non-use that exceed one week, shall not qualify as legitimate samples for purposes of compliance with any provisions of this rule.

2. (2) Secondary treatment systems and advanced secondary treatment systems.

   1. (a) A maintenance report shall be kept by the performance system maintenance entity. A copy of all maintenance reports shall be provided to the Department on quarterly intervals. All reports must be legible. The report shall include the items required in subparagraphs 62-6.029(1)(a)1., 2., 5., 6. and 7., F.A.C., in addition to the following information:

      1. Ponding depth observed through drainfield observation ports or, when the drainfield design prevents direct measurement of ponding depth, CBOD5 and TSS results for samples collected at a point prior to the discharge to the drainfield.

      2. If system performance is necessitated by setback reductions or lot flow allowances:

      a. Sampling results for Fecal Coliform from Secondary Treatment Systems.

      b. Sampling results for Nitrogen, Phosphorous and Fecal Coliform from Advanced Secondary Treatment Systems.

      c. Collection time and date of all samples.

      d. Name of the person who collected samples.

   2. (b) All reports of operating permit violations shall be reported to the Department within five working days.
   3. (c) If the system cannot be brought into compliance with design parameters, the contingency plan must be implemented by the system owner.
   4. (d) All failures of the performance-based treatment system shall be reported to the Department by the maintenance entity within one working day from discovery of failure. The testing laboratory shall mail copies of all results to the Department.
3. (3) Florida Keys nutrient reduction treatment systems shall be monitored and sampled in accordance with Part II of this chapter.
4. (4) All systems with drainfields designed under subsections 62-6.028(3)-(5), F.A.C., shall be monitored via placing a minimum of two observation ports in the drainfield. Monitoring will consist of recording depth of effluent ponding in the drainfield in at least two places on a quarterly basis.
5. (5) If soil is considered part of the treatment system in any performance-based standard, two monitoring points in the effluent plume within the boundaries of the property must be in compliance with the performance level specified by the design engineer.
6. (6) Any performance-based treatment system that is out of compliance with the terms of the operating permit shall be re-engineered by an engineer registered in the State of Florida. The system shall be brought into compliance with treatment standards required at the time of system permitting.

7. (7) Innovative systems shall be monitored in accordance with the design engineer’s protocol submitted with the application as approved by the Department. All monitoring and sampling shall be performed at the expense of the applicant. At a minimum, the monitoring protocol shall:

   1. (a) Determine if baseline standards are being met.
   2. (b) Address the monitoring for any contaminant being reduced.
   3. (c) Address the monitoring of any site condition being modified.

8. (8) The following shall be considered as violations of the performance-based treatment system operating permit:

   1. (a) The failure to maintain equipment in a condition which will enable the intended function.
   2. (b) The submission, by the owner, manager or maintenance entity of a performance-based treatment system, or agent or employee thereof, of misleading, false, or inaccurate information or operational reports to the Department, either knowingly or through neglect.

   3. (c) The submission of fraudulent data produced with an intention to deceive including the following:

      1. Apparent measurement results for which no measurement or test results were actually made as determined by the absence of the supporting records which are usually made.

      2. Measurements or test results obtained by deliberately and knowingly making measurements or collecting samples at places and times other than as specified in this chapter.

      3. Test results obtained through use of unapproved and erroneous sampling, preservation, storage, or analysis procedures.

      4. Computational errors, misunderstandings of required procedures and other common errors are excluded.

Rulemaking Authority 381.0011(13), 381.006, 381.0065(3)(a) FS. Law Implemented 381.0065, 381.0067, 386.041 FS. History–New 2-3-98, Amended 3-22-00, 6-18-03, Formerly 64E-6.029.