Florida Wastewater Variances regulations & environmental compliance analysis

Florida Wastewater Variances: What you need to know

Governing Law and Regulations

Fundamentally different factors (FDF) variances: Florida Administrative Code (FAC) 62-625.700

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National Pollutant Discharge Elimination System (NPDES) permits: FAC 62-620.800

Water quality standards:

Alternative limits: FAC 62-302.800

Exemptions: FAC 62-4.243

Marinas: FAC 62-312.430

Regulatory Agency

Florida Department of Environmental Protection (DEP) Division of Water Resource Management

U.S. Environmental Protection Agency (EPA) Region 4

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Factors involved in the Florida variance procedures are similar to those considered in the federal variance guidelines, including the FDF variance for pretreatment standards (FAC 62-625.700). See the national section WASTEWATER VARIANCES for more information.

The state is authorized by EPA to administer the NPDES permit program, and it includes provisions for requesting variances from certain permit conditions. See the state section NPDES PERMIT for more information about Florida's NPDES permitting requirements.

Administration and enforcement. DEP's Division of Water Resource Management administers and enforces the water quality standards in Florida, including the state's rules for wastewater variances.

State Requirements

DEP VARIANCE PROCEDURES

In Florida, DEP grants or denies requests for the following variances, subject to EPA objection:

  • Extensions under Section 301(k) of the Clean Water Act (CWA) based on the use of innovative technology, as long as DEP has consulted with EPA
  • Variances under Section 316(a) of the CWA for thermal pollution

For variances under Sections 301(c) and ...


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