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NEW! Important update to Generic Permit For Pollutant Discharges to Surface Waters of the State from the Application of Pesticides

On March 28, 2011, the Sixth Circuit Court of Appeals granted the U.S. Environmental Protection Agency a continuation of a stay of their 2009 ruling in Nat’l Cotton Council v. Envtl. Prot. Agency, 553 F.3d 927 (6th Cir. 2009), delaying the need to obtain a National Pollutant Discharge Elimination System (NPDES) permit for discharges of pesticides to waters of the U.S., until October 31, 2011.

The Department’s rule establishing a NPDES pesticide generic permit (NPDES PGP) to cover the discharge of pesticides to waters of the state is effective on April 14, 2011. However, due to the Sixth Circuit Court of Appeals’ continuation of the stay of their ruling, discharges of pesticides to surface waters of Florida are not required to have NPDES permits until October 31, 2011. While the Department’s generic permit is effective, as stated in section 403.088(1)(a), Florida Statutes, the Department’s generic permit is only necessary if NPDES permit coverage is required under the Clean Water Act. Since a NPDES permit will not be required until October 31, 2011, coverage under the NPDES PGP is not required and the terms of the NPDES PGP do not need to be implemented until October 31, 2011. Consequently, those entities that are required to submit a Notice of Intent (NOI) for coverage under the NPDES PGP, do not need to submit the NOI until October 30, 2011. Further, conditions of the permit such as adverse incident reporting and record keeping do not need to be implemented until October 31, 2011.

"Never, no never, did nature say one thing and wisdom say another." –Edmund Burke (1729-1797), British Statesman.


In Florida, all wastewater that is not defined as domestic wastewater is considered industrial wastewater. Since Florida is among our nation’s most populous and fastest growing states, industrial wastewater permitting is increasingly important for protection of our state’s most precious natural resource—water.

Sources of industrial wastewater include manufacturing, commercial businesses, mining, agricultural production and processing, and wastewater from cleanup of petroleum and chemical contaminated sites. Industrial wastewater discharged under NPDES permits may be subject to federal Effluent Limitations Guidelines (ELG). In addition, all industrial wastewater discharges in Florida must provide reasonable assurance of meeting Florida’s Water Quality Standards for surface water or ground water in order to receive a discharge permit.

The Department of Environmental Protection's Industrial Wastewater Program issues permits to facilities and activities that discharge to surface waters and ground waters of the state. Industrial wastewater that discharges to domestic wastewater treatment facilities, however, is regulated under the Industrial Pretreatment component of the Department’s Domestic Wastewater Program.

The Department is authorized by USEPA to issue permits for discharge to surface waters under the National Pollutant Discharge Elimination System (NPDES). Permits for discharge to ground waters are issued by the Department under state statutes and rules. Industrial wastewater permits are issued by the district offices, with two exceptions. NPDES permits for steam electric power plants are issued by the Industrial Wastewater Section in the Tallahassee office. Industrial wastewater permitting for the phosphate industry is handled by the Phosphogypsum Management Section located in Tampa.

For More Information:

Please browse our industrial waste water topics listed on the right hand side for more information. If you still have any general questions about industrial wastewater and rule development please contact the Industrial Wastewater Section in Tallahassee at 850-245-8589. For permitting questions related to a specific project or area of the state, you may wish to contact the appropriate District Office.

 

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Last updated: February 08, 2012

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