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/ac/ Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: November 12, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Subject: Biosolids Rule Making Commentsfor Chapter 62-640 Florida Administrative Code Background/Analysis: The Florida Department of Environmental Protection (FDEP) is conducting rule making for Chapter 62-640 Florida Administrative Code (FAC) to address recommended actions of the Biosolids Technical Advisory Committee (TAC) following their review of management practices and potential nutrient impacts related to the land application of Class B biosolids. The FDEP solicited input from stakeholders and subject matter experts and asked that comments be submitted by July 29 2019. Staff brought a departmental agenda item to the Board of County Commissioners (BCC) on July 16, 2019, and were directed to submit the comments to the FDEP. In other meetings with FDEP personnel, staff was verbally informed that, due to the voluminous comments received by stakeholders, the proposed rule would more than likely undergo another round of comments. However, that has not happened, and the FDEP has now issued the rule, which has some, but not all, of the comments requested by staff or other municipalities, such as Martin and St. Lucie County. On October 29, 2019, the FDEP published a notification of rule change and sent out an email notification to all interested parties (Attachment 1). The email summarized the rule changes and indicated that this new rule (Attachment 2) will require legislative ratification based on the statement of economic costs. Included with the proposed rule was a Statement of Estimated Regulatory Costs (SERC) - Attachment 3. As noted in the proposed rule: Any person who wishes to provide information regarding a statement of estimated regulatory costs or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice. Comments are therefore due to the FDEP on or before November 19, 2019. A link to the rule and submittal portal can be found here: httpss://www.firules.org/gateway/View Notice.asp?id=22546212 F:\Utilities\UTfLITY - Enginee ring\WASTEWATER\Biosolids- Blue Cypress lake\Admin\19-1119 BCC Meeting\Agenda- Page 1 of 3 Biosolids updated rule 62-640 11_12_2019.docx 118