Section 62-640.400 - Prohibitions(1) Ocean disposal of biosolids, or disposal of biosolids in any water, including direct discharge to ground water, is prohibited.(2) Land application of biosolids shall not result in a violation of Florida surface water quality standards pursuant to Chapter 62-302, F.A.C., or ground water standards pursuant to Chapter 62-520, F.A.C.(3) Biosolids which are hazardous waste under Chapter 62-730, F.A.C., shall not be applied to land.(4) Biosolids shall not be discharged into a collection or transmission system without prior consent of the owner of that system.(5) Biosolids shall not be disposed, applied to land, or distributed and marketed except in accordance with the provisions of this chapter.(6) The treatment, management, transportation, use, land application, or disposal of biosolids shall not cause a violation of the odor prohibition in subsection 62-296.320(2), F.A.C.(7) Treatment of liquid biosolids or septage for the purpose of meeting the pathogen reduction or vector attraction reduction requirements set forth in Rule 62-640.600, F.A.C., shall not be conducted in the tank of a hauling vehicle. Treatment of biosolids or septage for the purpose of meeting pathogen reduction or vector attraction reduction requirements shall take place at the permitted facility.(8) Biosolids that do not meet the requirements of Rule 62-640.850, F.A.C., for distribution and marketing shall not be shipped into Florida unless shipped to a Department permitted biosolids treatment facility or domestic wastewater facility that has legally agreed in writing to accept responsibility for proper treatment, management, use and land application of the biosolids.(9) Class A or Class B biosolids shall not be spilled from or tracked off the treatment facility site or land application site by the hauling vehicle.(10) Land application of Class A and Class B biosolids is prohibited within the primary and secondary protection zones of the Wekiva Study Area in accordance with Rule 62-600.550, F.A.C. Application of Class AA biosolids that are distributed and marketed in accordance with Rule 62-640.850, F.A.C., is permissible.(11) The land application of biosolids will not be authorized in the Lake Okeechobee watershed as defined in Section 373.4595(2)(j), F.S., unless the applicant for a site permit affirmatively demonstrates that the phosphorus in the biosolids will not add to phosphorus loadings in Lake Okeechobee or its tributaries. This demonstration shall be based on achieving a net balance between phosphorus imports relative to exports on the permitted application site. Exports shall include only phosphorus removed from the Lake Okeechobee watershed through products generated on the permitted application site. This demonstration shall be submitted with the NMP for the site. No biosolids shall be applied to a site in the Lake Okeechobee watershed after December 31, 2012, unless the demonstration has been made. This prohibition does not apply to Class AA biosolids that are marketed and distributed as fertilizer products in accordance with Rule 62-640.850, F.A.C.(12) The land application of biosolids will not be authorized in the Caloosahatchee River and St. Lucie River watersheds as defined in Sections 373.4595(2)(b) and (p), F.S., unless the applicant for a site permit affirmatively demonstrates that the nitrogen and phosphorus in the biosolids will not add to nitrogen and phosphorus loadings in the watershed. This demonstration shall be based on achieving a net balance between nutrient imports relative to exports on the permitted application site. Exports shall include only nutrients removed from the St. Lucie River or Caloosahatchee River watersheds, as applicable, through products generated on the permitted application site. This demonstration shall be submitted with the NMP for the site. No biosolids shall be applied to a site in the Caloosahatchee River or St. Lucie River watersheds after December 31, 2012, unless the demonstration has been made. This prohibition does not apply to Class AA biosolids that are marketed and distributed as fertilizer products in accordance with Rule 62-640.850, F.A.C.(13) No person shall have more than one dry ton of unapplied Class AA biosolids or biosolids products distributed and marketed under Rule 62-640.850, F.A.C., on their property for more than seven days unless stored to prevent runoff of biosolids or stormwater that has been in contact with biosolids, violation of the odor prohibition in subsection 62-296.320(2), F.A.C., and vector attraction.(14) Biosolids shall not be applied on soils that have a seasonal high water table less than 6 inches from the soil surface or within 6 inches of the intended depth of biosolids placement, unless a Department-approved nutrient management plan and water quality monitoring plan provide reasonable assurance that the land application of biosolids at the site will not cause or contribute to a violation of the state's surface water quality standards or ground water quality standards.Fla. Admin. Code Ann. R. 62-640.400
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.
New 8-12-90, Formerly 17-640.400, Amended 3-30-98, 8-29-10, Amended by Florida Register Volume 47, Number 125, June 29, 2021 effective 6/21/2021, per Ch. 2021-153, Laws of Florida.New 8-12-90, Formerly 17-640.400, Amended 3-30-98, 8-29-10, 6-21-21.