Page 104 - Akerman | 2016 Guide to Doing Business in Florida

stormwater discharges from industrial activities that are not eligible for
a generic permit must be covered under an individual permit with
requirements specific to the facility as specified under Chapter 62-
620, F.A.C. Additional regulations applicable to both NPDES permits
are contained within Chapter 62-4, F.A.C.

(iii) Wastewater. FDEP further implements the NPDES wastewater
permitting program in Florida. Florida Statutes § 403.0885
establishes the NPDES program for domestic and industrial
wastewater in Florida, which closely follows the Federal NPDES
program. The non-NPDES domestic wastewater program is
administered pursuant to the general statutory discharge prohibitions
set forth throughout Florida Statutes Chapter 403 and program rules
set forth in Chapters 62-600 through 62-650, F.A.C. Further, the
industrial wastewater program is administered pursuant to the general
statutory discharge prohibitions set forth throughout Florida Statutes
Chapter 403 and program rules set forth in Chapters 62-625, 62-
650, 62-660, and 62-670, F.A.C.

In a related matter, Onsite Sewage Treatment and Disposal Systems
(“OSTDS”), which include septic tanks, are regulated by the Bureau
of Onsite Sewage Programs in the DOH and applicable local
government health departments, pursuant to Chapter 64E-6, F.A.C.
In addition, beginning January 1, 2011, pursuant to recent legislation
amending Florida Statutes § 381.0065, DOH will implement a
program that requires owners of onsite sewage treatment and
disposal systems to perform an evaluation and assessment of such
systems one every five (5) year period.
(b) Florida Resource Recovery and Management Act (Solid and Hazardous
Waste). The Florida Resource Recovery and Management Act, Florida
Statutes §§ 403.702–403.7895, and its implementing rules govern the
generation and disposal of solid and hazardous wastes within Florida. FDEP
is responsible for implementing the Florida Resource Recovery and
Management Act, which is modeled, in part, after the Federal Resource
Conservation and Recovery Act of 1976, as amended (“RCRA”), and the
Federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (“CERCLA”), and contains similar waste
management and liability provisions. Chapters 62-701 through 62-722,
F.A.C., generally set forth FDEP’s solid waste regulations, and Chapter 62-
730, F.A.C., generally set forth FDEP’s hazardous waste regulations.

(c) Florida Water Resources Act. FDEP and five regional water management
districts (“WMD”) generally administer the provisions of the Florida Water
Resource Act, set forth in Florida Statutes Chapter 373, which concerns
activities involving surface and groundwater including the regulation of
wetlands, stormwater, and consumptive water use/pumping (of both
groundwater and surface water). Parties are generally required to obtain an
environmental resource permit (“ERP”) from the respective WMD to perform
certain regulated activities such as dredging and filling in wetlands,
construction of drainage facilities, stormwater containment and treatment,

102