1. (1) The minimum requirements in this chapter for monitoring, record keeping, or reporting by a permittee shall be increased or reduced by the Department considering any of the following site-specific requirements: the quality or quantity of wastewater or biosolids treated; historical variations in biosolids characteristics; industrial wastewater or sludge contributions to the facility; the use, land application, or disposal of the biosolids; the water quality of surface and ground water and the hydrogeology of the area; wastewater or biosolids treatment processes; and the compliance history of the facility or application site.
2. (2) An increase or reduction in a permittee’s monitoring or reporting requirements will require a minor permit revision under Rule 62-620.325, F.A.C. Revisions to decrease permit requirements for monitoring or reporting shall be subject to the public notice requirements of subsection 62-620.325(2), F.A.C.

3. (3) Monitoring Requirements.

   1. (a) Biosolids Monitoring.

      1. Biosolids sampling and analysis shall be conducted as follows:

      a. Monitoring for the pathogen and vector attraction reduction requirements of rule 62-640.600, F.A.C., and the parameters in subparagraph 62-640.650(3)(a)3., F.A.C., shall be conducted by the treatment facility in accordance with 40 C.F.R. 503.8, codified as of July 1, 2018, which the Department hereby adopts and incorporates by reference available at HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-13259" http://www.flrules.org/Gateway/reference.asp?No=Ref-13259, and the POTW Sludge Sampling and Analysis Guidance Document, U.S. Environmental Protection Agency, August 1989, which the Department adopts and incorporates by reference available at HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-13258" http://www.flrules.org/Gateway/reference.asp?No=Ref-13258. These documents are also available from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. In cases where disagreements exist between 40 C.F.R. 503.8 and the POTW Sludge Sampling and Analysis Guidance Document, the requirements in 40 C.F.R. 503.8 will apply.

      b. Monitoring for water extractable phosphorus shall follow the Universal Water Extractable P Test for Manure and Biosolids, Wolf, A.M., P.A. Moor, P.J.A.. Kleinman, D.M. Sullivan, 2009, Methods of Phosphorus Analysis for Soils, Sediments, Residuals and Waters, Second Edition, Southern Cooperative Series Bulletin, Pages 76-80, https://sera17dotorg.files.wordpress.com/2015/02/sera-17-methods-for-p-2009.pdf, which the Department adopts and incorporates by reference. The document is available at HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-13261" http://www.flrules.org/Gateway/reference.asp?No=Ref-13261 and from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

      c. Beginning after June 21, 2021, all domestic wastewater treatment facilities and biosolids treatment facilities permitted to land apply biosolids shall start monitoring for water extractable phosphorus during routine biosolids monitoring events in accordance with subparagraphs 62-640.650(3)(a)3. and 4., F.A.C. The results shall be provided to the permittees of land application sites where the facility’s biosolids are land applied but are not required to be reported by the facility to the Department until after the facility is subject to this chapter revised June 21, 2021 in accordance with paragraph 62-640.100(5)(f), F.A.C.

      2. Permit applications for all treatment facilities that land apply or distribute and market biosolids shall identify the monitoring that will be conducted for all microbial and all operational and process parameters necessary to demonstrate compliance with the pathogen reduction and vector attraction reduction requirements of Rule 62-640.600, F.A.C. All operational and process parameters, such as time and temperature, number of windrow turnings, pH readings, etc., shall be monitored as applicable to the treatment process to demonstrate compliance with Rule 62-640.600, F.A.C., and shall be as specified in the facility’s permit.

      3. All treatment facilities that land apply or distribute and market biosolids shall analyze biosolids for the following parameters, except as provided in paragraph 62-640.880(5)(a), F.A.C.:

* Not required for septage management facilities

** Only required for biosolids treated by alkaline addition

4. Treatment facilities that land apply or distribute and market biosolids shall monitor microbial parameters and the parameters listed in subparagraph 62-540.650(3)(a)3., F.A.C., as follows:

a. For biosolids that are distributed and marketed under the provisions of Rule 62-640.850, F.A.C., the minimum frequency of monitoring shall be once per month.

b. For biosolids treatment facilities that land apply biosolids, the minimum frequency of monitoring shall be in accordance with sub-subparagraph 62-640.650(3)(a)4.c., F.A.C, but at least quarterly.

c. For all other biosolids that are land applied, the minimum frequency of monitoring shall be in accordance with the following table:

5. Sampling locations, sampling frequency, and monitoring parameters shall be specified in the treatment facility’s permit. All biosolids samples shall be representative of the biosolids used, land applied, or distributed and marketed, and shall be taken after final treatment of the biosolids but before use, land application, or distribution and marketing. If Class AA biosolids are to be stored by the treatment facility permittee for more than 45 days, then the permittee shall address the need to re-sample for fecal coliform or salmonella sp. in the facility biosolids storage plan submitted with the permit application.

6. Grab samples shall be used to monitor pathogens and determine percent volatile solids. Composite samples shall be used to monitor metals and nutrients.

7. Monthly averages of parameter concentrations shall be determined by taking the arithmetic mean of all sample results for the month.

1. (b) Soil Monitoring.

   1. (I) IFAS publication “Soil Testing,” UF/IFAS Circular 239, September 2003, HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-13262" http://www.flrules.org/Gateway/reference.asp?No=Ref-13262;
   2. (II) “Extension Soil Testing Laboratory (ESTL) Analytical Procedure and Training Manual,” UF/IFAS Circular 1248, February 2009 HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-13263" http://www.flrules.org/Gateway/reference.asp?No=Ref-13263; and,

   3. (III) “Mehlich-3,” Chapter 4.3, Soil Test Methods From the Southeastern United States, Southern Cooperative Series Bulletin No. 419, 2014 HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-13264" http://www.flrules.org/Gateway/reference.asp?No=Ref-13264.

      2. Representative soil monitoring for parameters in subsection 62-640.700(5), F.A.C., shall be conducted at application sites for each application zone prior to application site permitting. At a minimum, one soil sample shall be taken for each application zone or for every 50 acres of application area, whichever is smaller. Each sample shall be a composite of at least ten random samples to a depth of six inches and shall be completely mixed to form a minimum one-pound sample. Sampling and analysis shall be in accordance with 40 C.F.R. 503.8(4), adopted and incorporated by reference in subparagraph 62-640.650(3)(a)1., F.A.C. Results of initial soil monitoring shall be reported on the Biosolids Site Permit Application, Form 62-640.210(2)(d), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021.

   1. The site permittee shall ensure soil fertility testing is conducted in accordance with the NMP and the results of soil fertility tests shall be included in the application site records.

   a. The soil fertility testing and results shall be equivalent to the “Phosphorus Index Test” as conducted by the University of Florida (UF)/Institute of Food and Agricultural Sciences (IFAS) Extension Soil Testing Laboratory, and shall include the “Capacity Index” results for the soil. At a minimum, soil fertility testing shall provide: soil pH; Mehlich-3 extraction method results for phosphorus (P), aluminum (Al), and iron (Fe); calculated soil capacity index (CI) following subsection 62-640.200(9), F.A.C.; and, lime requirement.

   b. To determine the soil capacity index, soil fertility testing samples may be taken at depths greater than 6 inches but no deeper than the depth of the seasonal high water table. If deeper samples are taken, a minimum of five soil profiles shall be taken for every 50 acres, or for the entire application zone if larger than 50 acres and it is demonstrated that five profiles are sufficiently representative based on soil survey maps. Soil fertility testing may be performed by the Univerisity of Florida Analytical Research Laboratory/Extension Soil Testing Laboratory or other agricultrual laboratory participating in the North American Proficiency Testing Program (NAPT).

   c. Soil testing shall follow the procedures in the documents below and which are hereby adopted and incorporated by reference and available from the address links provided for each document below and from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The soil testing documents to be followed are as follows:

2. (c) Ground Water Monitoring.

   1. A ground water monitoring program shall be established by the site permittee, and approved by the Department for land application sites when the application rate in the NMP exceeds more than 160 lbs/acre/year of total nitrogen or 40 lbs/acre/year of total P2O5 (i.e. more than 17.4 lbs/acre/year of total phosphorus), or when the soil capacity index is less than 0 mg/kg. When soil fertility testing indicates the soil capacity index has become less than 0 mg/kg, the permittee of a biosolids land application site shall establish a ground water monitoring program in accordance with subparagraph 62-640.650(3)(c)2., F.A.C., below within one year of the date of the sampling results. When ground water monitoring is not required, the permittee shall allow the Department to install ground water monitoring wells at any time during the effective period of the Department-issued facility or land application site permit and conduct monitoring.

   2. The ground water monitoring program shall be established in accordance with Rule 62-520.600, F.A.C., and submitted with the site permit application.

   3. When a ground water monitoring program is required for a biosolids application site with multiple application zones, one or more of the zones shall be selected by the site permittee and approved by the Department as the model zone(s) for monitoring of the ground water. The model zone(s) shall be representative of each zone’s hydrogeological characteristics, soil characteristics, vegetative cover, biosolids application method, and the characteristics of the biosolids to be applied.

   4. A characterization of ground water quality shall be conducted for nitrate (as N), total nitrogen, total phosphorus, pH, fecal coliform, the metals listed in paragraph 62-640.650(3)(a), F.A.C. For new sites, this characterization shall be conducted prior to the application of biosolids. For existing sites, this characterization shall be conducted within 30 days of the date of permit issuance for the site by the Department.

   5. Each groundwater monitoring well shall be sampled quarterly for nitrate (as N), total nitrogen, total phosphorus, pH, and fecal coliform.

3. (d) Surface Water Monitoring.

   1. The site permittee shall ensure surface water monitoring for total phosphorus, total nitrogen, and fecal coliform bacteria is conducted for sites when an application site is bordered or crossed by waters of the state and the application zone is located within 1000 feet of waters of the state, excluding wetlands. Monitoring shall be conducted at least quarterly. When surface water monitoring is not required, the permittee shall allow the Department to install equipment to monitor surface water and surface water runoff at any time during the effective period of the Department-issued facility or land application site permit and conduct monitoring.

   2. Monitoring of the receiving surface water shall be detailed in a monitoring plan submitted to the Department for approval that meets all the requirements of Rule 62-307.200 and Chapter 62-160, F.A.C.

   3. A sampling and analysis plan shall include the components as required by subsection 62-307.200(3), F.A.C.

4. (e) Unless specifically provided otherwise in this chapter, any laboratory tests required by this chapter shall be performed by a laboratory certified in accordance with paragraph 62-620.610(18)(d), F.A.C. Sample collection required by this chapter shall be performed in accordance with paragraph 62-620.610(18)(e), F.A.C. The Specific Oxygen Uptake Rate (SOUR) test, as required by 40 C.F.R. 503.33(b)(4), shall be conducted within 15 minutes of sample collection and shall be performed by a certified laboratory or under the direction of an operator certified in accordance with Chapter 62-602, F.A.C. Field pH readings at septage management facilities may be taken a septic tank contractors or master septic tank contractors, or facility personnel under the supervision of a septic tank contractor or master septic tank contractor.

5. (4) Record Keeping Requirements.

   1. (a) Treatment facility permittees shall keep records of the quantities of biosolids generated, received from source facilities, treated, landfilled, incinerated, transferred to another facility, land applied, or distributed and marketed. These records shall be kept for a minimum of five years.
   2. (b) Treatment facility permittees shall keep records of all biosolids monitoring required by paragraph 62-640.650(3)(a), F.A.C., for a minimum of five years.
   3. (c) Treatment facility permittees shall retain the Biosolids Application Site Annual Summaries received in accordance with paragraph 62-640.650(5)(e), F.A.C., indefinitely.

   4. (d) Treatment facility permittees that land apply biosolids and site permittees receiving biosolids shall maintain hauling records to track the transport of biosolids between the treatment facility and the application site. The hauling records for each party shall contain the following information:

      Treatment Facility Permittee Records:

      1. Date and Time Shipped and Shipment ID

      2. Amount of Biosolids Shipped

      3. Concentration of are parameters in subparagraph 62-640.650(3)(a)3., F.A.C., and the Date of Analysis

      4. Class of Biosolids Shipped

      5. Name and ID Number of Permitted Application Site Where Biosolids are Shipped

      6. Signature of Certified Operator at the Treatment Facility or Designee

      7. Signature of Hauler and Name of Hauling Firm

      Site Permittee Records:

      1. Date and Time Received and Shipment ID

      2. Name and ID Number of Treatment Facility from which Biosolids received

      3. Signature of Hauler

      4. Signature of Site Manager at the Application Site or Designee

   5. (e) The hauling records shall be kept by both the treatment facility permittee and the site permittee for a minimum of five years and shall be made available for inspection upon request by the Department.
   6. (f) A copy of the treatment facility hauling records required by paragraph 62-640.650(4)(d), F.A.C., shall be provided upon delivery of the biosolids to the site manager.
   7. (g) For each shipment of biosolids received, the site manager shall provide a receipt to the treatment facility within 30 calendar days of delivery of the biosolids. The receipt shall include information required to be maintained by the site permittee in accordance with paragraph 62-640.650(4)(d), F.A.C.
   8. (h) The treatment facility shall maintain each receipt required by paragraph 62-640.650(4)(g), F.A.C., for a minimum of five years.
   9. (i) The treatment facility permittee shall report to the appropriate District Office of the Department within 24 hours of discovery of any discrepancy in delivery of biosolids leaving the treatment facility and arriving at the permitted application site.

   10. (j) Logs and records detailing biosolids applications to each application zone at an application site shall be maintained by the site permittee indefinitely and shall be available for inspection within seven days of request by the Department or the Delegated Local Program. At a minimum, the logs and records for the most recent six months of application shall be available for inspection at the land application site (i.e. maintained onsite). The logs and records shall include:

       1. A copy of the approved NMP,

       2. The cumulative loading for each zone in accordance with subsection 62-640.700(7), F.A.C.,

       3. For each application zone, maintain Biosolids Application Site Log, Form 62-640.210(2)(e), F.A.C., incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021,

       4. The results of all soil monitoring, ground water monitoring, and surface water monitoring conducted in accordance with paragraphs 62-640.650(3)(b) through (d), F.A.C.,

       5. Records demonstrating compliance with items and operations specified in the NMP such as crop planting records if the NMP calls for planting crops, harvesting dates and yields if the NMP application rate is based on harvesting, applications of other sources of nutrients, or other records identified in the NMP;

       6. Records demonstrating compliance with the demonstration submitted with the NMP for sites located within the Lake Okeechobee, St. Lucie River, and Caloosahatchee River watersheds in accordance with subsection 62-640.500(7), F.A.C.; and

       7. Records demonstrating compliance with any reasonable assurance provisions contained in the site NMP or water quality monitoirng plan for land application at sites with a seasonal high water table within six inches of the soil surface or depth of biosolids placement in accordance with paragraph 62-640.700(10)(a), F.A.C.

6. (5) Reporting Requirements.

   1. (a) Treatment facility permittees shall report the following information on the facility’s monthly Discharge Monitoring Report required by subsection 62-620.610(18), F.A.C.

      1. The total quantities of biosolids received from source facilities, landfilled, incinerated, transferred to another facility, land applied, or distributed and marketed for the reporting period.

      2. The results of all monitoring conducted under subparagraph 62-640.650(3)(a)3., F.A.C., for the month in which the sampling event occurs.

      3. For facilities distributing and marketing biosolids in Florida, the information required in subsection 62-640.850(4), F.A.C.

   2. (b) Distribution and Marketing Reporting. Any person who delivers biosolids to Florida for distribution and marketing shall submit a monthly Discharge Monitoring Report that includes the information required in subsection 62-640.850(4), F.A.C., on the Discharge Monitoring Report (DMR) form, DEP Form 62-620.910(10), effective November 29, 1994, adopted and incorporated by reference in Rule 62-620.910, F.A.C., as provided by the Department. The DMR forms shall be mailed to the Department and the delegated program at the addresses specified in the permit or be submitted electronically using the DEP Business Portal at http://www .fldepportal.com/go/. DMR forms shall be submitted in accordance with the frequencies specified on the DMR forms attached to the permit and be postmarked or entered electronically by the 28th day of the month following the month of operation. After December 20, 2023, DMR forms shall be submitted electronically.
   3. (c) Treatment Facility Biosolids Annual Summary. Permittees of wastewater treatment facilities or biosolids treatment facilities permitted for land application shall submit an annual summary of the shipment records required by paragraph 62-640.650(4)(d), and subsection 62-640.880(4), F.A.C., as applicable, on DEP Form 62-640.210(2)(b), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021. The summary shall include all biosolids shipped during the period January 1 through December 31. The summary shall be submitted to the Department and the appropriate delegated program at the addresses specified in the permit. Electronic submittal is preferred and may be available at the DEP Business Portal at http://www.fldepportal.com/go/. After December 20, 2023, summaries shall be submitted electronically. The summary for each year shall be postmarked or electronically submitted by February 19 of the following year.

   4. (d) Biosolids Application Site Annual Summary. The site permittee shall submit an annual summary of land application activity on Form 62-640.210(2)(c), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021. The summary shall include all biosolids land applied during the period January 1 through December 31. The summary shall be submitted to the Department and the appropriate delegated program at the addresses specified in the permit. Electronic submittal is preferred and may be available at the DEP Business Portal at http://www .fldepportal.com/go/. After December 20, 2023, summaries shall be submitted electronically. The summary for each year shall be postmarked or electronically submitted by February 19 of the following year. The summary shall include all of the following, as applicable:

      1. The total quantities of biosolids, other solids, nitrogen, phosphorus, potassium, and heavy metals applied to each application zone identified in the site’s NMP. Reporting of heavy metals applied is not required for sites where only Class AA biosolids are applied.

      2. The total cumulative loading for the parameters specified in paragraph 62-640.700(7)(b), F.A.C., applied to each application zone identified in the site’s NMP. Cumulative loading shall be determined as described in subsection 62-640.700(7), F.A.C., and shall be calculated for all biosolids applications at a site beginning with the earlier of:

      a. The date of the first application of biosolids at the site subject to regulation by Chapter 62-640, F.A.C., or

      b. The date of the first application of biosolids at the application site subject to regulation by 40 C.F.R. 503.

      3. A summary of the total quantities of biosolids applied from each treatment facility using the application site.

      4. The results of any ground water monitoring and surface water monitoring required by paragraphs 62-640.650(3)(c) and (d), F.A.C.

      5. A copy of any revised sections of the NMP made in accordance with Rule 62-640.500, F.A.C.

      6. Copies of records kept in accordance with subparagraph 62-640.650(4)(j)6., F.A.C., demonstrating compliance with the demonstration submitted with the NMP for sites located within the Lake Okeechobee, St. Lucie River, and Caloosahatchee River watersheds in accordance with subsection 62-640.500(7), F.A.C.

   5. (e) The site permittee shall send copies of the Biosolids Application Site Annual Summary required by paragraph 62-640.650(5)(d), F.A.C., to each treatment facility permittee from which biosolids have been received at the time the Biosolids Application Site Annual Summary is submitted to the Department.

7. (6) Notification Requirements. Notifications required by paragraphs 62-640.650(6)(a) through (i), F.A.C., shall be provided orally to the appropriate District Office of the Department. A written submittal shall also be provided to the District Office within seven calendar days of the time when a person subject to this chapter becomes aware of the circumstances. The written submittal must include the time and date of the oral notification, and the name of the person to whom the oral notification was made.

   1. (a) If an alternate application site is used under the provisions of subsection 62-640.300(2), F.A.C., the treatment facility permittee using the alternate site must notify the Department within 24 hours before beginning biosolids application at the alternate site.
   2. (b) Surface or ground water quality violations that are discovered as a result of testing shall be reported to the Department within 24 hours of discovery.
   3. (c) Any discrepancy that occurs in the inventory of biosolids leaving a source facility and arriving at a biosolids treatment facility must be reported to the Department and to the source facility by the biosolids treatment facility permittee within 24 hours of discovery under paragraph 62-640.880(4)(c), F.A.C.
   4. (d) Any person intending to import Class AA biosolids from outside Florida for distribution and marketing or land application must notify the Department’s Domestic Wastewater Section in Tallahassee, in writing, at least 30 days before beginning importation, in accordance with subsection 62-640.850(6), F.A.C.
   5. (e) Biosolids treatment facility permittees must notify the Department and all affected parties in writing at least 60 days before ceasing operation, in accordance with paragraph 62-640.880(2)(j), F.A.C.
   6. (f) Treatment facility permittees shall notify the Department, the site manager, and site permittee within 24 hours of discovery of sending biosolids that did not meet the requirements of Rule 62-640.600, F.A.C., or subsection 62-640.700(5), F.A.C., to a land application site.
   7. (g) Treatment facility permittees and those persons who deliver Class AA biosolids for distribution and marketing in Florida shall notify the Department and all persons to whom they delivered or distributed and marketed the Class AA biosolids, within 24 hours of discovery of distributing and marketing biosolids that did not meet the requirements of paragraph 62-640.600(1)(a), F.A.C., subsection 62-640.600(2), F.A.C., or paragraph 62-640.700(5)(a) or (b), F.A.C.
   8. (h) Site permittees shall notify the Department and facilities sending biosolids to the site in writing at least 60 days before ceasing operation of a permitted biosolids land application site.
   9. (i) Permittees of sites where Class A or Class B biosolids are applied shall notify the site land owners and owners of animals that graze on the permitted site in writing within 30 days of discovering that the cumulative loading of molybdenum to the site has reached or exceeded 35.7 lbs per acre. Owners of grazing animals shall be specifically informed about the potential for molybdenosis to occur in the animals. A copy of the notification letter shall be provided to the Department.

Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.0855, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 3-30-98, Amended 8-29-10, 6-21-21.