Rule 62-565.100. General

(1) Scope. This chapter sets forth the requirements for potable reuse systems, including direct and indirect potable reuse, as well as the permitting and compliance of Advanced Treatment Water Facilities (ATWFs).

(a) Direct potable reuse is the delivery of advanced treated water from an ATWF to a drinking water treatment facility or directly into a potable water supply distribution system. This type of potable reuse does not include an environmental buffer. Direct potable reuse projects are subject to the technical and permitting requirements established in this chapter.

(b) Indirect potable reuse is the planned delivery or discharge of reclaimed water, prior to treatment at an ATWF, or advanced treated water leaving the ATWF, to ground or surface waters for the development of, or to supplement or replace, potable water sources in accordance with projects identified in subsections 62-565.100(1)(c) and (d), F.A.C. Indirect potable reuse projects are subject to the technical and permitting requirements established in this chapter.

(c) Discharges of reclaimed water or advanced treated water to surface waters may be permitted as an indirect potable reuse project if an ATWF permit applicant provides an affirmative demonstration of the following:

1. There is a need to supplement or replace other potable water sources;

2. The discharge will meet part or all of the identified need to supplement or replace the water supply; and

3. A hydrologic connection between the point of discharge and the potable water supply intake.

(d) Discharges of reclaimed water or advanced treated water to F-I, G-I, G-II, or G-III ground waters as described in Rule 62-610.466, F.A.C., or by rapid-rate land application systems where the requirements of Rule 62-610.525, F.A.C., are met, with a planned supply well located within the applicable setback distances in Chapter 62-610, F.A.C., are considered indirect potable reuse and subject to the requirements of this Chapter.

(e) Discharges of reclaimed water or advanced treated water to ground waters may be permitted as indirect potable reuse if an ATWF permit applicant includes with its application an affirmative demonstration of the following:

1. The discharge is to F-I, G-I, G-II, or G-III ground waters as described in Rule 62-610.466, F.A.C., or by rapid-rate land application systems where the requirements of Rule 62-610.525, F.A.C., apply;

2. There is a need to supplement or replace other potable water sources;

3. The discharge will meet part or all of the identified need to supplement or replace the water supply; and

4. A hydrogeologic connection, between the point of discharge and the potable water supply wells identified in the joint operations plan.

(2) Applicability.

(a) Where there may be a conflict with another rule of the Department, the rules in this chapter shall apply.

(b) In addition to the requirements set forth in this chapter, ATWFs serving as a public water system, discharging directly to a distribution system shall also comply with the requirements set forth in Chapters 62-550, and 62-555, F.A.C.

(3) General Prohibitions.

(a) No person shall operate an ATWF without an ATWF permit from the Department.

(b) An ATWF permit shall be obtained from the Department before commencement of construction or modification of the ATWF.

(c) The ATWF permit does not authorize discharge of waste, as defined in s. 403.031(22), F.S., to the waters of the State. Any person intending to discharge to the waters of the State shall apply to the Department for the appropriate permit required by Chapter 403, F.S., and Department rules.

(4) General Provisions.

(a) An ATWF permit may be revised, renewed, revoked and reissued, or terminated in accordance with this chapter.

(b) To the extent that this chapter imposes duties for the construction, operation, maintenance, or monitoring of an ATWF, for reporting potable reuse system operations, or for securing permits from the Department, responsibility lies with the permittee and the owner of the facility.

(c) Consultation. An applicant is encouraged to consult with the Department before submitting an application, or at any other time concerning the operation, construction, or modification of an ATWF.

(5) Confidentiality of Information. In accordance with Chapter 119, F.S., information and documents submitted to the Department with an application may be considered to be public records. Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25.