The effluent guidelines and standards for mineral mining and processing in subparagraph 62-660.400(1)(e)31., F.A.C., apply herein, except where the provisions of this rule are more specific.

1. (1) The following effluent limitations apply to effluent discharges by a pollution source after application of the best practicable control technology currently available (BPT) and the best available technology economically achievable (BAT) or which may be discharged by a new pollution source, unless a more stringent standard is specified in accordance with Rule 62-671.310, F.A.C., measured at the point(s) of discharge as specified in a Department permit:

*Total Phosphorus shall be for monitoring and reporting only, except: if monitoring data shows total phosphorus levels exceed 3 mg/l monthly average for more than one 30-day period per calendar year, the discharges, upon written notification by the Department, shall prepare and file within 120 days (unless the time is extended by the Department) a study consisting of the following: (a) a chronology of at least one year’s discharge data; (b) an assessment of the cause and origin of the phosphorus constituent of the discharge; (c) description of the discharger’s current maintenance, operation and management practices directly related to the control of phosphorus; (d) an evaluation of the environmental significance of the phosphorus levels; and (e) an identity of reasonable methods to abate, to the extent practicable, the influx of phosphorus into the discharge.

Upon receipt of the report the Department shall require the applicant to publish a public notice in a newspaper of general circulation in the affected area which states that the report was received and where it is available for public inspection. The Department shall evaluate the report and may amend the discharger’s permit to reflect additional requirements (subject to administrative and judicial review), including the implementation of cost-effective management practices or technological advances which reduce or eliminate the phosphorus in the discharge to the maximum extent practicable.

1. (2) To correct for losses during the testing and analysis, the analytic results from the above specified tests for non-filterable, non-volatile residue (fixed solids) shall be multiplied by a factor of 1.1 to be reported as total non-volatile, non-filterable residue.
2. (3) Monitoring requirements for effluent limitations shall be, as a minimum, the collection and analysis of one sample per week for each point of discharge when there is a discharge. When there is no discharge, the sample shall be taken the day of the next discharge.
3. (4) Any overflow caused by precipitation exceeding a 10-year 24-hour precipitation event from facilities designed, constructed, and operated to contain or treat to the applicable limitations the precipitation and runoff resulting from a 10-year 24-hour precipitation event shall not be subject to the effluent limitations of this section. No such overflow shall lower the level of any impoundment below the normal working level of that impoundment or any other impoundment, or below those levels that existed immediately prior to the 10-year 24-hour precipitation event. Provided, however, no source shall be relieved from compliance with Chapter 62-9, F.A.C.

Rulemaking Authority 403.061, 403.088 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.111, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702 FS. History–New 11-27-89, Formerly 17-671.300, Amended 12-24-96.