Section 62-610.421 - Setback Distances(1) The permittee shall maintain setback distances between the wetted site area subject to land application and surface waters and potable water supply wells to ensure compliance with water quality and drinking water standards, and to protect the public health, safety and welfare. All systems shall be designed to minimize adverse effects resulting from noise, odor, lighting and aerosol drift. Adequate site area shall be provided for operation and maintenance, and for controlling emergency discharges.(2) Slow-rate land application systems shall maintain a distance of 100 feet from the edge of the wetted area to buildings that are not part of the treatment facility, utilities system, or municipal operation; or to the site property line.(a) This distance shall be reduced to 50 feet if the setback is vegetated with trees or shrubs to create a continuous visual barrier at least five feet high to minimize aerosol drift. This distance shall be reduced to 25 feet if high-level disinfection is provided in addition to the setback vegetation.(b) This distance shall be reduced to 50 feet if only low trajectory, low pressure nozzles or surface application techniques are used within the outermost 50 feet of the application area. This distance shall be further reduced to 25 feet if high-level disinfection is also provided.(c) If subsurface application systems are used, no setback distances to buildings are required. If subsurface application systems are used, the setback distance to the site property line shall be reduced to 30 feet. If subsurface application systems are used and if high-level disinfection is provided, the setback distance to the site property line shall be reduced to 10 feet.(d) This onsite setback distance shall be reduced to 50 feet if high-level disinfection is provided.(3) A 500-foot setback distance shall be provided from the edge of the wetted area to potable water supply wells that are existing or have been approved by the Department or by the Department of Health (but not yet constructed); Class I surface waters; or Class II surface waters. This distance shall be reduced to 200 feet if facility Class I reliability is provided in accordance with subsection 62-610.462(1), F.A.C. This distance shall be reduced to 100 feet if facility Class I reliability is provided in accordance with subsection 62-610.462(1), F.A.C., and if high-level disinfection is provided. Reductions in the 500-foot setback distance to potable water wells, as described in Rule 62-521.200, F.A.C., shall not be allowed. Setback distance requirements apply to all Class II waters, regardless of Department classification (such as open, closed, approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified).(4) No setback distance is required to any nonpotable water supply well.(5) A 100-foot setback distance shall be provided from a reclaimed water transmission facility to a public water supply well. No setback distance is required to other potable water supply wells or to nonpotable water supply wells.(6) Setback distances for potable water supply wells shall be applied only for new or expanded reuse facilities. Setback distances shall not be applied when considering renewal of a permit.(7) Minimum setback distances to other classes of surface waters shall be established case-by-case based on compliance with applicable water quality standards.(8) The minimum setback distances described above shall only be used if, based on review of the soils and hydrogeology of the area, the proposed hydraulic loading rate, quality of the reclaimed water, expected travel time of the ground water to the potable water supply wells and surface waters, and similar considerations, there is reasonable assurance that applicable water quality standards will not be violated.(9) The edge of the wetted area of the land application system shall be at least 100 feet from outdoor public eating, drinking, and bathing facilities.(10) A 500-foot setback distance shall be provided from new unlined storage ponds to potable water supply wells. This setback distance shall be reduced, but in no case to less than 200 feet, if the applicant provides an affirmative demonstration in the engineering report that reclaimed water will not migrate to the potable water supply well as a result of conditions such as the following:(a) Confining units exist which preclude migration of the reclaimed water to the potable water supply well, or(b) Ground water flow will be away from the potable water supply well, or(c) Other hydrogeologic conditions that preclude migration of the reclaimed water to the potable water supply well.(11) The reduced setback distances provided in subsection 62-610.421(10), F.A.C., shall not apply to potable water wells, as described in Rule 62-521.200, F.A.C.(12) Unless specifically stated otherwise, all setback distances shall be measured horizontally.Fla. Admin. Code Ann. R. 62-610.421
Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS.
New 4-4-89, Amended 4-2-90, Formerly 17-610.421, Amended 1-9-96, 8-8-99, Amended by Florida Register Volume 47, Number 051, March 16, 2021 effective 4/1/2021.New 4-4-89, Amended 4-2-90, Formerly 17-610.421, Amended 1-9-96, 8-8-99, 4-1-21.