(1) The department shall require all new community water systems and new nontransient, noncommunity water systems seeking to commence operations after October 1, 1999, to demonstrate the technical, managerial, and financial capabilities to comply with national primary drinking water regulations as required by the federal Safe Drinking Water Act, as amended. The department shall establish by rule, consistent with any federal guidance on capacity development, the criteria for determining technical, managerial, and financial capabilities. At a minimum, such water systems must:
(a) Employ or contract for the services of a certified operator, unless the department has waived this requirement pursuant to s. 403.854(5).
(b) Demonstrate the capabilities to conduct required monitoring and reporting programs and maintain appropriate records of such monitoring.
(c) Demonstrate financial soundness through the posting of a bond, creation of a reserve, documentation of an unreserved revenue source, or other appropriate means established by department rule.
(2) If the department determines that such a water system cannot demonstrate technical, managerial, or financial capability, a permit may not be issued for that system pursuant to s. 403.861(7) until the water system has been determined to have the required capabilities.
History.—s. 4, ch. 97-236.
Structure Florida Statutes
Chapter 403 - Environmental Control
Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892)
403.851 - Declaration of policy; intent.
403.852 - Definitions; ss. 403.850-403.864.
403.853 - Drinking water standards.
403.8532 - Drinking water state revolving loan fund; use; rules.
403.8533 - Drinking Water Revolving Loan Trust Fund.
403.854 - Variances, exemptions, and waivers.
403.856 - Plan for emergency provision of water.
403.857 - Notification of users and regulatory agencies.
403.860 - Penalties and remedies.
403.861 - Department; powers and duties.
403.8615 - Determination of capability and capacity development.
403.863 - State public water supply laboratory certification program.
403.8635 - State drinking water sample laboratory certification program.
403.864 - Public water supply accounting program.
403.865 - Water and wastewater facility personnel; legislative purpose.
403.866 - Definitions; ss. 403.865-403.876.
403.868 - Requirements by a utility.
403.869 - Authority to adopt rules.
403.872 - Requirements for licensure.
403.875 - Prohibitions; penalties.
403.876 - Grounds for disciplinary action.
403.88 - Classification of water and wastewater treatment facilities and facility operators.
403.885 - Water Projects Grant Program.