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Indian River County Department of Utility Services Attachment 4 Indian River County, Department of Utility Services comments on the Florida Department of Environmental Protection's 2nd Draft Biosolids rule revision noticed October 29, 2019 (Florida Administrative Code 62-640) Section reference: Notice of Proposed Rule: Purpose and Effect: Department used in this section, but Agency and agency used elsewhere throughout the notice. If referring to the same entity, should keep reference the same. Rule should be expanded based on the charge to the Florida Department of Environmental Protection that "The Department rules that were adopted on March 1, 1979, regarding water quality standards are designed to protect public health or welfare and to enhance the quality of waters of the state. They have been established taking into consideration the use and value of waters of the state for public water supply, agricultural, industrial, and other purposes." FAC 62-650.300(2)(a) PURPOSE AND EFFECT: The Department is developing amendments to Chapter 62-640, F.A.C., to ensure the proper management, use and land application of biosolids to protect waters of the state from nut-iefit pelluti pollutants as referenced in Florida Statutes 403.031, and in a manner that minimizes the migration of .,.ts pollutants to prevent the impairment of waterbodies. The Department is proposing to amend the permitting rules to establish the rate -e€ bieselids applieatien land application rate of biosolids be based on biosolids characteristics and site-specific conditions, such as soil characteristics, water table, hydrogeology, site use, distance to surface water, and plant tissue needs in order to prevent ra1trient pollution to groundwater or surface waters. ^C� The rule revisions would allow the Department to better evaluate phosphorus characteristics in all biosolids to inform decisions as to the appropriate application rate; and will establish criteria for low, medium and high-risk sites that guide application practices and required water quality monitoring. Rule revisions would also require site specific groundwater and/ or surface water monitoring plans to detect Fmtrieat pollutant migration. Summary: The summary statement is currently false unless the Department includes Class AA biosolids in this rule, and not treat as fertilizer and exempt from many of the requirements identified in this rule. SUMMARY: Proposed amendments to Florida Administrative Code Chapter 62-640, entitled Biosolids, which regulates and ensures the proper management, use and land application of Class A and Class B biosolids to protect public health and the environment, were developed to revise the monitoring and permitting criteria for the land application and management of biosolids, as well as in response to the deliberations and recommendations of the Biosolids Technical Advisory Committee to better address nutrient concerns. 62.640.100(5)(f)(g)&(h): These sections and the timeframes referenced in the sections would still allow for a long period of time (3 years) before existing permitted sites would need to comply with all sections of the new rule. Based on data available from the 2017 FDEP Annual Report for a Biosolids Land Application site within Indian River County and based on FDEP estimates of 90,000 dry tons of Biosolids being land applied in 2018 state-wide, there potentially could be another 12,600,000 lbs of Nitrogen and 5,004,000 lbs of Indian River County 152 Department of Utility Services 180127" Street, Vero Beach, FL 32960 Pagel of 3