Section 62-620.800 - Variances for Discharges Regulated Pursuant to Section 403.0885, F.S.(1) Variances under Section 301(h) of the CWA from the requirements of Section 301(b)(1)(B) of the CWA shall be in accordance with the requirements of 40 C.F.R. Part 125, subpart G.(2) Variances under Section 302(b)(2) of the CWA from the requirements of Section 302(a) of the CWA for achieving water quality based effluent limitations.(3) Variances based on the presence of fundamentally different factors from those on which the effluent limitations guideline was based shall be in accordance with 40 C.F.R. Part 125, subpart D.(4) Variances from the BAT requirements of Section 301(b)(2)(F) of the CWA for non-conventional pollutants pursuant to Section 301(c) of the CWA because of the economic capability of the permittee, or pursuant to Section 301(g) of the CWA.(5) Variances extending compliance dates for facilities installing innovative technology under Section 301(k) of the CWA shall be in accordance with 40 C.F.R. Part 125, subpart C.(6) Variances under Section 302(b)(2) of the CWA from requirements of Section 302(a) of the CWA for achieving water quality related effluent limitations.(7) Variances under Section 316(a) of the CWA for thermal components of any discharges shall be in accordance with 40 C.F.R. Part 125, subpart H. Applicants may request the special procedures for decisions on thermal variance in accordance with 40 C.F.R. Section 124.66.(8) Other variance procedures and moderating provisions under Chapter 403, F.S., and Department rules are available to applicants for a wastewater facility or activity permit such as those set forth in Chapters 62-4, 62-110, 62-302 and 62-660, F.A.C.(9) The Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., contains additional information on the variances listed above.Fla. Admin. Code Ann. R. 62-620.800
Rulemaking Authority 403.061(31), 403.8055 FS. Law Implemented 403.051, 403.0885 FS.
New 11-29-94, Amended 12-24-96, 10-23-00.New 11-29-94, Amended 12-24-96, 10-23-00.