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Policies

Policy Number

Topic

1

Transportation corridors in Zones 1 and 2

2

Authorization for construction or renovation

3

License responsibilities for multi-tenant properties

4

Injection wells

5

Regulated substances

6

Residential properties

7

Variance requests in zone one

8

Reclaimed water

9

De minimus activities

10

Gel batteries


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Wellfield Protection Program Policy 1

Transportation corridors in Zones 1 and 2

Question: Can transportation corridors (e.g., public roads and railroads) be constructed or expanded in Zones 1 and 2 of a public wellfield?
Answer: Yes. The Natural Resource Protection Code, Chapter 27 Article XIII does not prohibit the construction or expansion of transportation corridors in public wellfield areas.

Two exemptions in Article XIII are relevant to transportation corridors. Section 27-389(b) states that the transportation of any regulated substances through zone 1 shall be allowed provided the transporting vehicle is in continuous transit. Section 27-389(c) states that the use of any regulated substances solely as fuel in a vehicle fuel tank or as lubricant in a vehicle shall be exempt from the provisions of this article.

Question: Can hazardous chemicals be temporarily stored in Zones 1 and 2 of a public wellfield during the construction of a transportation corridor?
Answer: The Wellfield Protection Ordinance prohibits the storage, handling, use or production of regulated substances in Zone 1. Article XIII requires facilities and activities that store, handle, use or produce regulated substances in Zone 2 to apply for a Hazardous Material Wellfield License. Regulated substances are listed in the Article XIII, Appendix A.

Question: Are there any other considerations that should be made during the planning stage of a transportation corridor?
Answer: When evaluating several alignments through Zones 1 and 2 of a public wellfield, consideration should be given to the potential for accidental discharges from transportation vehicles. In order to increase the level of protection for the water supply, preferred alignment should consider a 500-foot setback from any public potable water well.

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Wellfield Protection Program Policy 2

Procedure for Providing Authorization for Construction or Renovation

Customers who need approval from the Development Management Division, Environmental Review Services for new construction or renovations of existing structures for new uses, may be referred to the Wellfield Protection Program The Wellfield Protection Program will be asked to review the customer's information and application(s) and provide the customer with an authorization to proceed with construction or renovation, if warranted.

The procedure for dealing with the Development Management Division, Environmental Review Services referrals for new construction and renovations is described below.

1. A customer requiring approval from Broward County for new construction or renovation of an existing structure for new uses will first go to the Environmental Review Services Front Desk at Government Center West, 1 N University Drive, Suite 102, Plantation, FL 33324 or call them at 954-357-6666. Any customers referred to the Wellfield Protection Program from agencies other than Environmental Review Services for these issues should first be sent to the Environmental Review Services Front Desk for applications and a routing form.

2. The Environmental Review Services Front Desk staff will use their 3'x3' wall map to determine the wellfield zone of influence within which the construction or renovation will be located. If the activity falls within Zone 1, Zone 2 or if it is difficult to determine the zone based on the map scale and there is the possibility that the activity involves the storage, handling, use or production of regulated substances, the customer will be referred to the Wellfield Protection Program . The Environmental Review Services Front Desk staff will give the customer an Internal Routing Form For Permit Approval (Internal Routing Form). The Internal Routing Form will designate that the customer has been routed to the Wellfield Protection Program.

3. The customer will provide blueprints, the Application for Approval of Construction Plans and, if required by Environmental Review Services Front Desk, the Industrial Review Application to the Wellfield Protection staff for their review.
If at any time during this process the staff member believes that additional information is required to make a determination, the Internal Routing Form and the Wellfield Protection Construction/Renovation Form should not be completed. When the additional information has been received from the property owner or facility operator/developer, the process can continue.

4. The Wellfield Protection Program staff will use only the zones of influence maps that are approved by the Broward County Board of Commissioners to determine the wellfield zone of influence within which the construction or renovation is located.

a. If the activity meets the criteria for a residential property as presented in Wellfield Protection Policy 6, the staff member will write on the Internal Routing Form, " Activity has a residential exemption." This activity does not fall within the purview of the Wellfield Protection Program. The customer should be directed to the Environmental Review Services Front Desk. This process ends.

b. If the activity is within Zones 1 or 2, the Wellfield Protection staff and customer should add the information to the Wellfield Protection Construction/Renovation Form. Continue to Item 5.

c. If the activity is not within Zones 1 or 2, the Wellfield Protection staff will write on the Internal Routing Form, " Activity is outside Zone 2." This activity does not fall within the purview of the Wellfield Protection Program. The customer should be directed to the Environmental Review Services Front Desk. This process ends.

5. The customer should be queried as to whether the construction/renovation activity requires regulated substances to be stored, handled, used or produced on the property.

a. If the customer states that regulated substances will be stored, handled, used or produced on the property, fill in the Wellfield Protection Construction/Renovation Form and go to item 6.

b. If the customer states that no regulated substances will be stored, handled, used or produced on the property, then the property owner or facility operator/developer must submit a letter on their company letterhead verifying that the activity will not involve regulated substances. If the letter confirms that the activity does not involve regulated substances, the Wellfield Protection Program staff will fill in the Wellfield Protection Construction/Renovation Form and write on the Internal Routing Form, " No regulated substances." This activity does not fall within the purview of the Wellfield Protection Program. The customer should sign the Wellfield Protection Construction/Renovation Form and be given a copy of the form and directed to the Environmental Review Services Front Desk. This process ends.

6. The Wellfield Protection staff will determine whether the construction or renovation is allowed under the existing wellfield regulations.

a. If the activity is allowed, fill in the Wellfield Protection Construction/Renovation Form and go to Item 7.

b. If the activity is not allowed, the Wellfield Protection Program staff will fill in the Wellfield Protection Construction/Renovation Form and write on the Internal Routing Form, " Authorization to proceed is denied." The wellfield zone of influence should be written on the Internal Routing Form. The customer should be given a copy of the Wellfield Protection Construction/Renovation Form and directed to the Environmental Review Services Front Desk. This process ends.

7. The Wellfield Protection staff will determine whether a Hazardous Material Wellfield License is required.

a. If the Hazardous Material Wellfield License is required, the Internal Routing Form should not be completed until the license application and the license fees have been received. Then the Wellfield Protection Construction/Renovation Form should be filled in and the following should be written on the Internal Routing Form, " Authorization to proceed is approved." The wellfield zone of influence should be written on the Internal Routing Form. The customer should be given a copy of the Wellfield Protection Construction/Renovation Form and directed to the Environmental Review Services Front Desk. This process ends.

b. If the Hazardous Material Wellfield License is not required, then the Wellfield Protection Construction/Renovation Form should be filled in and the following should be written on the Internal Routing Form, " Authorization to proceed is approved." The wellfield zone of influence should be written on the Internal Routing Form. The customer should be given a copy of the Wellfield Protection Construction/Renovation Form and directed to the Environmental Review Services Front Desk. This process ends.

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Wellfield Protection Program Policy 3

License Requirements for Multi-Tenant Properties

Question: What is a multi-tenant property?
Answer: A multi-tenant property is a property that houses more than one business.

Question: Who is responsible for obtaining a Hazardous Material Wellfield License on a multi-tenant property?
Answer: Sec. 27-382 (a) of the Natural Resource Protection Code requires that "the owner shall obtain a Hazardous Material Wellfield License." Sec. 27-352 of the Natural Resource Protection Code defines an owner/operator to be "any person or entity who owns or operates a facility, activity, vehicle or property."

At a multi-tenant property, a Hazardous Material Wellfield License will be issued to each qualifying business and a Hazardous Material Wellfield License will be issued to the property owner. Both the businesses and property owner will have separate responsibilities required in their license conditions.

Question: What are the responsibilities of the business owner under the Hazardous Material Wellfield License?
The responsibilities include adherence to all license conditions that are included in the Hazardous Material Wellfield License. Some of the actions required by those conditions include the following:

  • Notifying the Wellfield Protection Program of changes in the businesses chemical inventory.
  • Notifying the Wellfield Protection Program when the business is closing or moving so the department can perform a closure inspection or transfer the license respectively.
  • Submitting a Spill Prevention and Control Plan to the Wellfield Protection Program, maintaining the plan at the business, and updating the plan, as needed.
  • Following additional site specific requirements as set forth in the Hazardous Material Wellfield License.

Question: What are the responsibilities of the property owner under the Hazardous Material Wellfield License?
Answer: The property owner is responsible for following the requirements of the Hazardous Material Wellfield License which includes:

  • The responsibilities include adherence to all license conditions that are included in the Hazardous Material Wellfield License. Some of the actions required by those conditions include the following.
  • Notifying the Wellfield Protection Program of businesses storing, handling, using and producing chemicals with regulated substances that occupy or vacate the property.
  • Constructing and maintaining one or more monitoring wells in accordance with regulatory guidelines.
  • Submitting quarterly groundwater analyses from samples collected from the monitoring well(s) in accordance with the sampling plan specified in the license conditions.
  • Preparing and implementing a storm water plan to prevent chemical releases from entering the storm water system.
  • Following additional site specific requirements as set forth in the Hazardous Material Wellfield License.

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Wellfield Protection Program Policy 4

Underground Injection Wells in Zones 1 and 2

Question: What are underground injection wells?
Answer: Underground injection wells are conduits used to dispose of waste fluids into an underground aquifer by gravity flow or under pressure. The types of underground injection wells used in Broward County are Class I and Class V wells.

Class I wells can be used to inject hazardous waste, non hazardous waste, or municipal waste below a confining layer and into groundwater characterized by total dissolved solids concentrations greater than or equal to 10,000 milligrams per liter. In Broward County, Class I wells are used to dispose of treated domestic waste water.

Class V wells are those not included in the other well classes. They generally inject non hazardous fluid into groundwater whose total dissolved solids concentration is greater than or equal to 10,000 milligrams per liter. Class V wells are generally shallow and depend on gravity to drain or inject liquid waste into the ground. Examples of Class V wells include drain fields; sink holes; large capacity septic systems; dry wells that collect surface water runoff from rainfall; and industrial, commercial, and utility disposal wells. In Broward County, Class V wells are used to dispose of air-conditioning return flow, swimming pool drainage, storm water drainage, lake level control and domestic waste.

Question: Are Class I wells allowed in Wellfield Protection Zones 1 and 2?
Answer: Class I wells are prohibited in Zone 1, Zone 2 or within 500 feet of a public water supply well, whichever is greater.

According to Sec. 27-193 (b)(2) f of the Broward County Natural Resource Protection Code, deep injection wells (a.k.a. Class I wells) constructed or permitted after enactment of the Ordinance cannot be located in Zone 1 or Zone 2 or within 500 feet of a public water supply well, whichever is greater. Florida Administrative Code 62-521.400 (1) (f) requires that new Class I Wells are prohibited within a wellhead protection area (500-foot radial setback distance).

Question: Are Class V wells allowed in Wellfield Protection Zones 1 and 2?
Answer: Class V wells used to handle non-domestic wastewater, which includes regulated substances, are not permitted in Broward County. The only exceptions are wells that were licensed and existed on March 12, 1984 unless they handle storm water discharges.

Sec. 27-193 (3)(a) of the Natural Resource Protection Code prohibited new discharges of non-domestic wastewater after March 12, 1984. The new non-domestic discharges, are prohibited to surface waters or to ground waters, with the exception of non-domestic storm water discharges. Non-domestic wastewater discharges existing on March 12, 1984, and in use since that time, must be licensed.

Sec. 27-192 of the Natural Resource Protection Code defines non-domestic wastewater as all non-sanitary liquid wastewaters, including but not limited to those from industrial processes, commercial processes, commercial laundries, and the cleaning of air conditioning cooling towers or heat exchange systems. Non-domestic wastewater is also "industrial" or "commercial" wastewater and includes waters containing regulated substances.

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Wellfield Protection Program Policy 5

Regulated Substances

Question: What are regulated substances?
Answer: Regulated substances are hazardous and toxic chemicals that are regulated in public wellfields. The names of the regulated substances in Broward County are listed in Appendix A, Sec. 27-376 of the Natural Resource Protection Code. Any substance listed in Appendix A that is stored, handled, used or produced as virgin material, wastes or as a component of a formulation is a regulated substance.

The term regulated substance was originally defined in Broward County Commission Resolution 84-2025. Resolution 84-2025 Section 3.02 (effective August 31, 1984) states that certain known hazardous or toxic substances that are stored, handled, used or produced in close proximity to public utility potable water supply wells and are potentially harmful to the drinking water of Broward County are referred to as Regulated Substances. That resolution also states that the substances to be regulated are those set forth on an attached list (a.k.a. Exhibit A) entitled WELLFIELD PROTECTION REGULATED SUBSTANCES. The definition from Resolution 84-2025 was later incorporated into Sec. 27-376 of the Natural Resource Protection Code. Sec. 27-376 defines regulated substances as those substances contained in the list of hazardous and toxic substances called Appendix A. The appendix is found at the end of Article XIII in the Natural Resource Protection Code.

Question: What were the characteristics of the substances listed in Appendix A, Article XIII, Natural Resource Protection Code?
Answer: Regulated substances have one or more of the following characteristics: (a) known hazardous and toxic properties such as those listed by the Environmental Protection Agency in federal regulations set forth in 40 CFR 302; (b) listed as a priority toxic pollutant by the Environmental Protection Agency in federal regulations in 40 CFR 122.21; c) a degradation product which is toxic; (d) on the restricted use pesticide list promulgated pursuant to Chapter 487, Florida Statutes, set forth in Chapters 5E-2 and 5E-9, Florida Administrative Code; as well as the following physical characteristics (e) prone to be persistent in the environment; (f) water soluble or prone to pass downward through surface soils, to enter into and mix with groundwater and to be transported by the movement of groundwater to water supply wells.

Question: What criteria are used to determine whether a regulated substance can be stored, handled, used or produced in Wellfield Zones 1, 2 and 3?
Answer: The criteria for Zone 1 are listed in Section 27-379 (a) of the Natural Resource Protection Code. The criteria for Zone 2 are listed in Section 27-379 (b) of the Natural Resource Protection Code. The criteria for Zone 3 are listed in Section 27-379 (c) of the Natural Resource Protection Code. Exemptions are listed in Section 27-380 of the Natural Resource Protection Code.

Question: Who determines whether a substance is a regulated substance?
Answer: It is the responsibility of the facility owner/operator to determine whether a substance is a regulated substance. If the substance is determined to be a regulated substance, the facility owner/operator is responsible for abiding by all applicable local, State and Federal Wellfield regulations. If the facility owner/operator fails to properly identify a substance as a regulated substance, the Wellfield Protection staff will make that determination.

Question: How is a regulated substance determination made?
Answer: In order to determine whether a substance is a regulated substance, the facility owner/operator should check the Material Safety Data Sheet that is prepared by the manufacturer.

1. The Material Safety Data Sheet can provide a list of some of the substance's active ingredients.

2. The internet can provide some Material Safety Data Sheets.

If the substance is a virgin product, the facility owner/operator should determine whether the constituents listed on the Material Safety Data Sheet are listed in Appendix A, Article XIII.

If the substance is a waste product, the process that created the waste should be examined to see if any regulated substances were used. If regulated substances were used in the process that created the waste, the waste should be analyzed for all those regulated substances. If during the process regulated substances will degrade into products that are themselves regulated substances, the waste should be tested for both the parent and daughter substances.

If the substance is a formulation, the facility owner/operator should send a copy of Appendix A to the manufacturer and ask the manufacturer to identify whether any of the substances listed in Appendix A are in the product formulation. The facility owner/operator should request that the manufacturer provide a written response verifying either that the formulation does not contain a regulated substance or that regulated substances are included in the formulation.

Question: What documentation should be maintained onsite to verify that a regulated substance determination was performed?
Answer: All businesses that make a determination as to whether a material is a regulated substance must document their efforts and maintain that documentation onsite. Documentation should be maintained whether or not it was determined that the substance was a regulated substance. The method of record keeping may be of their own choosing. However, such records should allow inspectors to confirm that due diligence was performed in accordance with this policy. All documentation should be maintained onsite for five years from the date the facility ceases to store, handle, use or produce the material.

Question: Question: What is the penalty if a facility does not report the storage, handling, use or production of regulated substances in Wellfield Zones?
Answer: Article XIII of the Broward County Natural Resource Protection Code requires all facilities that store, handle, use or produce regulated substances to apply for a Hazardous Material Facility Wellfield License. Failure to apply for a license is punishable through enforcement action(s) as specified in the Broward County Natural Resource Protection Code. In addition, any facility that stores, handles, uses or produces regulated substances and does not monitor the impact of those activities in a protected Wellfield Zone could subject the community water supply to an unregulated source of contamination, could be in violation of Broward County, State of Florida and Federal environmental regulations and could be liable for both civil and criminal penalties.

Question: Why is an inventory of regulated substances required from facilities located in public wellfield protected areas?
Answer: Hazardous chemicals released in wellfield protected areas can migrate into the public water supply within days or weeks of the release. It is important for the Wellfield Protection staff and the public utility to know which regulated substances are in the protected areas so that those chemicals can be regularly tested in the facility's monitoring well and the nearest public water supply wells. It is important to have a complete inventory so that the public water supply can be monitored for all the regulated substances stored, handled, used or produced near the supply wells. Early detection of released chemicals can allow the public utility time to reconfigure the supply wells' pumping rates and to initiate additional pretreatment of the raw drinking water.

Question: What regulation requires an owner/operator to prepare an inventory of regulated substances?
Answer: Article XIII, Sec. 27-379(b)(1)a. of the Broward County Natural Resource Protection Code requires facilities in Wellfield Protection Zone 2 that store, handle, use or produce any regulated substances, to maintain a recorded inventory on a form provided by Broward County. The inventory should list the substances and the quantities present, should be submitted with the application for the Hazardous Materials Facility Wellfield License and should be updated whenever chemicals containing regulated substances are added or deleted from the inventory. The updated inventory should be forwarded to the Broward County Wellfield Protection Program. Article XIII, Sec. 27-379(a)(3)a. of the Natural Resource Protection Code requires that facilities in Wellfield Protection Zone 1 should also comply with the preparation and update of an inventory.

Question: How frequently should an inventory be submitted to Broward County?
Answer: An initial inventory must be submitted with their original license application. A revised inventory is required when regulated substances are added or deleted from the facility's inventory. Operating Condition 1 of the Hazardous Material Facility Wellfield License requires the licensee to apply for a license modification and seek approval from the Wellfield Protection Program prior to changing the inventory of regulated substances.

Question: What chemicals should be included in the chemical inventory?
Answer: All chemicals that are currently stored, handled, used or produced within the property boundary of the facility and which contain regulated substances should be included in the chemical inventory. This includes chemicals used by contractors such as pool care, lawn care, and insect control.

It is not necessary to list certain chemicals on the chemical inventory form when certain conditions are met. The chemicals that you do not need to list are the following: spray cans containing paint when the quantity of cans does not exceed ten; containers of latex paint when the total quantity does not exceed five gallons; any quantity of office supplies including copier chemicals and correction fluid; janitorial supplies when the total quantity does not exceed two gallons. You do not need to list the chemicals discussed above when the following conditions are met: (1) they are stored in their original containers; (2) the facility is connected to the sanitary sewer system; and (3) the chemicals are used according to instructions provided by the manufacturer.

Question: How will the inventory be used?
Answer: The inventory will be used by the Wellfield Protection Program to ensure that public drinking water wells are protected from discharges of regulated substances by facilities near the wells. The inventory will be used to create a sampling plan for the facility's monitoring well(s) and a sampling plan for the raw water at the nearby public utility. The Department's inspectors will verify the validity of the inventory during their inspections of the facility.

Question: What are the consequences if the inventory is not prepared and updated?
Answer: Failure to prepare and update the inventory can result in enforcement action(s) as specified in the Broward County Natural Resource Protection Code. In addition, any facility that stores, handles, uses or produces regulated substances and does not give an accurate reporting of their inventory may subject the community water supply to an unregulated source of contamination; may be in violation of Broward County, State of Florida and Federal environmental regulations; and may be liable for both civil and criminal penalties.

Question: Who determines whether a chemical contains regulated substances?
Answer: It is the responsibility of the facility owner/operator to determine whether a chemical contains regulated substances. The Wellfield Protection staff may also determine whether a chemical contains regulated substances. If the chemical is determined to contain a regulated substance, the facility owner/operator is responsible for abiding by all applicable local, State and Federal Wellfield regulations.

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Wellfield Protection Program Policy 6

Residential Properties

Question: What is a residential property?
Answer: Section 27-352 of the Natural Resource Protection Code defines residential as a unit used for noncommercial and/or non industrial purposes which has less than four (4) live-in units (e.g., a two-unit townhouse falls within the residential definition while an eighteen-unit apartment building does not). The definition of residential is based on density within a structure and not on the number of structures.

Question: What is the residential exemption under the Wellfield Protection Program?
Answer: Section 27-354(g) of the Natural Resource Protection Code exempts a residential unit for on-site storage and use of hazardous materials. This exemption is applicable to wellfield zones, where the storage and use of regulated substances are for noncommercial purposes only. The exemption does not preclude residential property owners from responsibility for notification, licensing and cleanup requirements when a release of regulated substances has occurred.

Residential uses that are exempt from the wellfield protection ordinance include the use of any regulated substances in a vehicle or lawn maintenance equipment as a fuel or lubricant, for cleaning, maintaining, pest control and any other household use.

Question: What are the Wellfield Protection Program's requirements for the construction and renovation of residential properties?
Answer: The construction and renovation of residential properties include activities associated with the buildings as well as the installation of an infrastructure such as roads, lakes, sewer, water and drainage facilities associated with residential properties.

The activities of construction and renovation of residential properties are exempt from the licensing provisions of Article XIII, Natural Resource Protection Code provided that all property owners, facility operators, developers, contractors, subcontractors, laborers and their employees adhere to the following conditions when using, handling, storing or producing regulated substances.

1. They should evaluate the construction/renovation site to identify and resolve particular problems involving the use, handling and storage of all regulated substances.

2. They should follow the manufacturer's instructions for the use, handling and storage of all regulated substances.

3. They should be familiar with the manufacturer's Material Safety Data Sheet supplied with each material containing a regulated substance and should be familiar with and be prepared to implement the procedures required to contain and clean up any releases of the regulated substance.

4. They should be aware of their responsibility, if a discharge occurs, to follow the provisions of Article XII, Natural Resource Protection Code.

5. They should handle all regulated substances on the site in a manner that minimizes their risk of release to the environment. All containers and tanks storing petroleum products and solvents should be locked in a secure area or removed from Zones 1 and 2 during the hours when their construction/repair work is not occurring and when responsible parties are not onsite to supervise their use. Regulated substances used solely as a fuel in a vehicular fuel tank or as a lubricant in a vehicle are exempt (Article XIII, Natural Resource Protection Code, Section 380(c)).

6. They should be responsible for taking measures to prevent vandalism that may cause releases of regulated substances from containers or vehicles on the site.

7. Upon completion of construction, all unused or waste regulated substances and containment systems should be removed from the site by the developer or general contractor and should be disposed of in a proper manner as prescribed by law.

8. They comply with current Broward County and State of Florida regulations for the storage of regulated substances in above ground or underground storage tanks.

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Wellfield Protection Program Policy 7

Variance Requests for Operating a Hazardous Material Facility Inside Zone 1

Question: What issues should be considered before owners of hazardous material facilities apply for a variance to use, store, handle, or produce regulated substances in Zone 1 of a wellfield?
Answer: Section 27-379. Prohibitions, restrictions, and licensing within zones of influence, Chapter 27 Article XIII, Wellfield Protection, of the Broward County Code, prohibits the storage, handling, usage or production of any regulated substances in a nonresidential activity within Zone 1 of a designated wellfield protection area. Regulated substances are listed in Appendix A of Article XIII and can be viewed on the following Internet web site:
Appendix A

Any person or entity that intends to engage in nonresidential activities that stores, handles, uses or produces regulated substances within Zone 1 must seek and obtain a variance approval from the Pollution Prevention, Remediation and Air Quality Division. The administrative review procedures are outlined in Section 27-11 through 27-15, Division 2, Article 1, Chapter 27 Broward County Code and a copy of this procedure is attached. This section may be viewed on the Internet at the following web site: Chapter 27 of the Broward County Code (once at Municipal Code Web Site, select the plus sign next to Chapter 27- Pollution Control in the left column. This will expand Chapter 27 to show all Articles. Click on Article I).

The content of this package covers the administrative requirements, such as application fees due, section of the code to address, scheduling of public hearings, etc., before the application is further reviewed for technical issues by an Engineer or Natural Resource Specialist from the Wellfield Protection Program.

Question: What are the eight criteria that must be addressed in the variance application and issues to be considered in the applicant's response?
Answer: The applicant for a variance must provide facts and conditions that satisfy each of the following eight criteria for the variance to be considered. Under each criterion are circumstances that may be considered in the recommendation to grant a variance.

1. That there are unique and special circumstances or conditions in regard to the applicant or the applicant's situation which do not apply generally to other similar regulated persons:

a. A change in the zone of influence wellfield maps now places the existing business inside Zone 1.

b. The business is considered an essential public utility by an appropriate Broward County authority.

c. Land availability is limited and zoning restrictions limit location options.

2. That the strict application of the provision of this chapter would cause the applicant undue hardship:

a. Suitable relocation of existing business is cost prohibited. The applicant must show or explain cost justification.

b. Use of alternative products or process does not exist or is prohibitively expensive. Show cost justification of alternative.

3. That any alleged hardship is not self created by the applicant and/or is not the result of mere disregard for or ignorance of the provisions of this chapter.

a. Business location or land was acquired prior to rule change.

b. Operating process changed for business to be viable going forward.

c. Reasons given in 1) a, b, and c above.

4. That the variance proposed is the minimum variance which alleviates the undue hardship.

a.The maximum time that will be allowed for any variance is five years. The applicant is expected to justify any time limit beyond five years and must reapply to seek another variance from the hearing examiner at that time.

5. That the granting of the variance will be in harmony with the general intent and purpose of this chapter.

a.The applicant must demonstrate that the operation, process, or the project will be in accordance with the ordinance and provide maximum safe guards against endangering human health and the environment.

b.The applicant must agree to obtain a Hazardous Material Wellfield License and comply with all special conditions incorporated therein.

6. That such a variance will not be injurious to the public welfare and to the environment.

a. The Hazardous Material Wellfield License requirements of operating the hazardous material facility will provide adequate safeguards against incidents that could cause harm to the public and the environment.

7. That the variance is for the minimum time necessary to remedy the hardship and grants the minimum waiver of this chapter necessary to remedy the hardship.

a. The applicant must justify the time period they wish to operate the facility under these waiver conditions. Periods of up to five years have been granted, but the Pollution Prevention, Remediation and Air Quality Division will not automatically recommend a 5-year time period.

b. License time periods will be issued no longer than the time permitted by the hearing examiner's final order.

c. The hazardous material facility must cease the use, storage, handling or production of the regulated substances allowed under the variance and perform a closure assessment by the expiration of the variance.

8. The applicant for the variance proposes a demonstration project being conducted for the purpose of furthering an environmental goal, and that the demonstration project will not significantly negatively impact the environment.

a. A demonstration project will be required if the proposed activity will negatively impact the environment but the overall purpose is to further an environmental goal.

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Wellfield Protection Program Policy 8

The Transmission and Use of Reclaimed Water by Public Utilities in Wellfield Protection Zones 1 and 2

The Broward County Wellfield Protection Program in accordance with 403.064(1) F.S. and 373.250 (1) F.S. encourages and promotes water conservation through the use of reclaimed water. 403.064(1) F.S. states that the Legislature found reclaimed water from permitted wastewater treatment plants to be environmentally acceptable and not a threat to public health and safety.

Question: What is reclaimed water?
Answer: Reclaimed water is defined in 62-610.200 (46) F.A.C. as water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a domestic wastewater treatment facility. Based on the type of use, reclaimed water must meet criteria described in 62-610 F.A.C.

Question: Can reclaimed water be transmitted through or used in Wellfield Protection Zones 1 and 2?
Answer: Reclaimed water can be transmitted through or used in Wellfield Protection Zones 1 and 2 provided that the water meets the following conditions.

1. The reclaimed water should be produced by a public utility. A public utility is defined as any privately owned, municipally owned or county-owned system providing water or wastewater service to the public which has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily for at least sixty (60) days of the year.

2. The reclaimed water should meet the criteria for principal treatment and disinfection requirements as described in 62-610.563(2) F.A.C. 62-610.850(2)(a) F.A.C. states that reuse and land application projects should be designed and operated to ensure compliance with ground water quality standards contained in 62-520 F.A.C.

3. The reclaimed water should be produced, transported and applied by facilities and their appurtenances that meet FDEP regulatory requirements. Reclaimed water should be produced by domestic wastewater treatment plants that are permitted, constructed and operated in accordance with FDEP rules and which are operating under an FDEP approved reuse program. Distribution systems used to transport and apply reclaimed water in wellfield protection zones should be designed in accordance with sound engineering practices. A reclaimed water distribution system is a network of pipes, pumping facilities, storage facilities, and appurtenances designed to convey and distribute reclaimed water from one or more domestic wastewater treatment facilities to one or more users of reclaimed water.

4. Distribution and land application systems should have setback distances from public supply wells. 62-610 F.A.C. has minimum setback distances that are shown in Table 1. All setback distances should be measured horizontally. Setback distances should be sufficient to ensure that the supply wells are in compliance with FDEP drinking water standards and that the public health, safety and welfare are protected. This assurance should be based on a review of the soils and hydrogeology of the area, the proposed hydraulic loading rate, the quality of the reclaimed water, the expected travel time of the ground water to the potable water supply wells and similar considerations.

Table 1: Setback Distances for Transmission and Land Application Near Public Water Supply Wells.

Slow-Rate Land Application Systems (F.A.C. 62-610.400)

Condition

Setback
Distance
(F.A.C. 62-610.421)

Reclaimed water is applied to vegetated land surface with the applied water being treated as it flows through the plant-soil matrix. Water has received secondary treatment and basic disinfection.

From a reclaimed water transmission facility to a public water supply well.

100-feet

From the edge of the wetted area to a potable water supply well.

500-feet

From the edge of the wetted area to a potable water supply well if facility Class I reliability is provided (F.A.C 62-610.462(1)).

200-feet

From the edge of the wetted area to a potable water supply well if facility Class I reliability is provided (F.A.C 62-610.462(1)) and if high-level disinfection is provided.

100-feet

Slow-Rate Land Application Systems; Public Access Areas, Residential Irrigation and Edible Crops (F.A.C. 62-610.450)

Condition

Setback
Distance
(F.A.C. 62-610.471)

Reclaimed water is used to irrigate areas that have intended access for the public (residential lawns, golf courses, cemeteries, parks, landscape areas, highway medians, private property having frequent use by many persons and water available for fire protection, aesthetic purposes (such as decorative ponds or fountains), irrigation of edible crops, dust control on construction sites, or other reuse activities). Water has received high-level disinfection.

From a reclaimed water transmission facility to a public water supply well.

75-feet

From the edge of the wetted area to a potable water supply well.

75-feet

Rapid-Rate Land Application Systems
(F.A.C. 62-610.500)

Condition

Setback
Distance
(F.A.C. 62-610.521)

Reclaimed water is used in Rapid Infiltration Basins and Absorption Fields.

From a reclaimed water transmission facility to a public water supply well.

100-feet

From the edge of the rapid infiltration basin, percolation pond, basin, or trench embankments, or from the edge of an absorption field to a potable water supply well.

500-feet

Ground Water Recharge and Indirect Potable Reuse
(F.A.C. 62-610.550)

Condition

Setback
Distance
(F.A.C. 62-610.571)

Reclaimed water is used to augment Class F-I, G-I, or G-II ground waters. This includes injection, rapid-rate land application systems, salinity barrier creation and control and discharge to surface waters.

From the zone of discharge to a potable water supply well.

500-feet

From an injection well to a potable water supply well.

1000-feet

Overland Flow Systems
(F.A.C. 62-610.600)

Condition

Setback
Distance
(F.A.C. 62-610.621)

Treated domestic wastewater meeting effluent limitations for discharge to surface waters is applied by sprinkling or flooding upper reaches of terraced, sloped, vegetated surfaces, such as sod farms, forests, fodder crops, pasture lands, and similar areas.

From a reclaimed water transmission facility to a public water supply well.

100-feet

From the edge of the wetted area to potable water wells.

500-feet

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Wellfield Protection Program Policy 9

De Minimis Activities

De minimis activities include activities involving the storing, handling, using or producing of regulated substances in wellfield protection zones when those activities are expected to have a minimal impact on the environment and no impact on public water supplies.

The term “product” used in this policy refers to any materials both solid and/or liquid that are stored, handled, used and produced by the business and on the property occupied by the business.

Zones 1 and 2
Exemption from Hazardous Material Facility Wellfield License and Monitoring Requirements

The following activities are considered de minimis activities in Wellfield Protection Zones 1 and 2 and are exempt from the licensing, inventory reporting and the groundwater and raw water monitoring requirements found in Article XIII of the Natural Resource Protection Code.

The exemption is allowed when all the following conditions are satisfied.

  • The products stored and used by the business are used according to the manufacturer’s instructions.
  • The products stored, handled, and used by the business are contained solely in original consumer packages for distribution to and use by the public or for commercial purposes.
  • The products stored and used by the business are not spilled in any quantity on soils or in surface waters at or adjoining the facility.
  • The facility occupied by the business, with the exception of a transformer substation and a wireless telecommunication antenna facility, is connected to the sanitary sewer system or to a septic system, whose drainfield is located outside Zones 1 and 2 and has not had regulated substances introduced into the septic system.
  • The products stored, handled and used by the business and in a building that has no floor drains or outlets and acts as a secondary containment.
  • The products stored and used by the business are used solely for the maintenance and operation of the business.
  • The waste products and containers generated by the business are properly disposed of in accordance with Broward County’s requirements

1. Motor oil and lubricating oil are exempt when they are stored and contained inside machinery. The handling of waste oil generated from the machinery is also exempt. The storage of waste oil is not exempt.

2. Lubricants are exempt when used for the purpose of maintaining machinery located inside a building and when the quantity of lubricant stored at the business does not exceed one gallon of lubricant.

3. Vehicular fuels, lubricants and batteries are exempt when stored and used inside a vehicle (motor vehicle, aircraft, water craft and vehicles used to load and unload cargo) and lawn mowers and pressure washers as long as the chemicals are contained within the vehicle and equipment as intended by the manufacturer and the vehicle and equipment remains in active use.

4. Latex and enamel paints and other coatings are exempt when the chemicals are handled and used within the secondary containment of a building and the total quantity is less than 25 gallons.  This exemption also applies to the storage of spray cans when the total quantity is less than fifty cans.

5. Pesticides, herbicides and fungicides are exempt when the chemicals are handled or used in conjunction with residential and nonresidential activities associated with pest control, weed control and aquatic weed control and when all the following conditions are satisfied. This exemption does not apply to the storage of pesticides, herbicides and fungicides or the use and handling of these chemicals containing arsenic.

a. The chemicals are used according to the manufacturer's instructions including the quantity and frequency of application;

b. The chemicals are applied by a licensed applicator; the applicator follows the requirements of EPA registries and the requirements as set forth in chapters 482 and 487, Florida Statutes, and chapters 5E-2 and 5E-9, Florida Administrative Code;

c. The owner/operator maintains records of the date, frequency, amount and type of chemical applied;

d. The owner/operator provides written notice to the applicators that they are working in a protected zone of a public wellfield and that particular care is required;

e. The residues are not spilled in any quantity on soils or in surface waters.

6. Nitrate and phosphate fertilizers are exempt when the chemicals are handled or used in conjunction with residential and nonresidential activities and when all the following conditions are satisfied. This exemption does not apply to the storage of fertilizers.

a. The chemicals are used according to the manufacturer's instructions including the quantity and frequency of application;

b. The owner/operator maintains records of the date, frequency, amount and type of chemical applied;

c. The owner/operator provides written notice to the applicators that they are working in a protected zone of a public wellfield and that particular care is required;

d. The residues are not spilled in any quantity on soils or in surface waters.

7. Office supplies and janitorial supplies are exempt when the chemicals are stored, handled or used and are contained solely in consumer products packaged for distribution to and use by the general public or for commercial purposes. The individual packages should not exceed five gallons or ten pounds.

8. Petroleum products with a viscosity greater than thirty (30) centistokes are exempt when stored, handled or used provided the chemicals do not contain leachable volatile organic compounds and the total quantity does not exceed 25 gallons.

9. Pasture and grazing lands are exempt when the land has a low intensity use which includes no barns, feedlots or holding pens and an animal population of less than 50 animals.

10. Hair Salons, Nail Salons, Health Spas, Barber Shops, Shoe Repair Shops, Retail Optical Shops, Retail Furniture Stores and Pet Salons are exempt. Gasoline, Diesel, Kerosene and solvents used at the facility are not included in this exemption.

11. Dielectric insulating fluids, whose sole purpose is for internal use in electrical equipment, which is owned or operated by an electric public or private utility regulated by the Florida Public Service Commission are exempt as long as the fluids are stored, handled and used in conjunction with the replacement of electrical equipment. The storage, handling and use of these fluids are regulated under a special license which will be issued by DPEP under the provisions of Article XII, Section 27-356(e) of the Natural Resource Protection Code.

12. Photographic development chemicals for x-rays at medical and dental services are exempt when the following additional conditions are satisfied.

a. Two gallons of photographic waste or less are generated per month

b. The facility's photochemical waste is serviced by a licensed waste hauler.

13. Businesses storing, handling, using and producing regulated substances are exempt when they are in a wellfield protection zone associated with an abandoned public supply well. A well abandonment report will be required prior to the granting of this
exemption.

14. Elemental lead (Pb) is exempt when contained solely in batteries. The total weight of the batteries should not exceed 250 pounds.

15. Portable emergency equipment used exclusively for emergency power generation and lighting is exempt when the following additional conditions are satisfied.

a. During long term storage when the equipment is not being used:

1. The equipment is fueled outside Zones 1 and 2 in a secure fueling area to prevent a release into the soils and water.

2. The portable emergency equipment shall be checked daily for leaks and a written record maintained at the facility.

3. The facility shall have spill control equipment and the capability to provide an emergency response to a release from the portable emergency equipment.

4. The portable emergency equipment shall be stored on an impervious surface.

5. The portable emergency equipment shall be stored outside the wellfield protection zones. If this is not an option, the equipment shall be stored in the zone that is least protected.

6. The portable emergency equipment shall be stored and secured to prevent damage to the equipment from hurricane force winds and flooding.

b. During temporary storage when the equipment is being used:

1. The equipment is fueled in such a manner as to prevent a release into the soils and water.

2. The portable emergency equipment shall not be relocated to its temporary location until regular power service has been disrupted.

3. The portable emergency equipment shall be removed from the temporary location as soon as regular power service has been restored.

4. The portable emergency equipment shall be checked daily for leaks and a written record maintained at the facility.

5. Spill control equipment and the capability to provide an emergency response to a release shall be available at the temporary location.

16. Portable utility maintenance equipment is exempt when the following additional conditions are satisfied.

a. The equipment is fueled outside Zones 1 and 2 in a secure fueling area where overfill can be prevented from being released into the soils and water.

b. During long term storage when the equipment is not being used:

1. The portable emergency equipment shall be checked daily for leaks and a written record maintained at the facility.

2. The facility shall have spill control equipment and the capability to provide an emergency response to a release from the portable emergency equipment.

3. The portable emergency equipment shall be stored on an impervious surface.

4. The portable emergency equipment shall be stored outside the wellfield protection zones. If this is not an option, the equipment shall be stored in the zone that is least protected.

5. The portable emergency equipment shall be stored and secured to prevent damage to the equipment from hurricane force winds and flooding.

 

Zones 1 and 2

Exemption from Monitoring Requirements Only

The following activities are considered de minimis activities in Wellfield Protection Zones 1 and 2 and are exempt from the groundwater and raw water monitoring requirements found in Article XIII of the Natural Resource Protection Code.

The exemption is allowed when all the following conditions are satisfied.

  • The products stored and used by the business are used according to the manufacturer's instructions.
  • The products stored, handled and used by the business are contained solely in original consumer packages for distribution to and use by the general public or for commercial purposes.
  • The products stored and used by the business are not spilled in any quantity on soils or in surface waters at or adjoining the facility.
  • The facility occupied by the business, with the exception of a transformer substation and a wireless telecommunication antenna facility, is connected to the sanitary sewer system or to a septic system whose drain field is located outside Zones 1 and 2 and has not had regulated substances introduced into the septic system.
  • The products stored, handled and used by the business and in a building that has no floor drains or outlets and acts as a secondary containment.
  • The products stored and used by the business are used solely for the maintenance and operation of the business.
  • The waste products and containers generated by the business are properly disposed of in accordance with Broward County's requirements.

1. Laundromats are exempt only from the requirement for a monitoring well and analyses.

2. Bait and Tackle Shops and Seafood Markets are exempt only from the requirement for a monitoring well and analyses when the following additional conditions are satisfied.

a. The chemicals containing regulated substances are limited to lubricants in a quantity not to exceed one quart and gasoline in a quantity not to exceed five gallons.

b. The gasoline is to be used solely for the purpose of fueling an emergency generator during power outages.

3. Photographic development chemicals for x-rays at medical and dental services are exempt only from the requirements for a monitoring well and analyses when the following additional conditions are satisfied.

a. Ten gallons of photographic waste or less are generated per month

b. The facility has a silver collection system that is serviced by a licensed waste hauler.

4. Batteries stored, handled or used at transformer substations, wireless telecommunication antenna facilities, for emergency equipment used exclusively for emergency power generation and lighting, at schools and retail stores are
exempt from the requirements for a monitoring well and analyses when the following condition is satisfied.

a. The batteries are stored within a secured building or containment and the number of batteries does not exceed forty-eight (48).

5. Batteries stored, handled or used at communication hub facilities that provide emergency 911 service and other services such as cable television, high speed internet and telephony are exempt from the requirements for a monitoring well and analyses when the following additional conditions are satisfied.

a. The batteries are Valve Regulated Lead Acid batteries using glass mat material (AGM) or Gel batteries.

b. The batteries are stored within a secured building or containment and the number of batteries does not exceed forty-eight (48).

6. Lead-acid batteries when the batteries are stored within a secured building or containment and the number of batteries does not exceed ten (10).

7. Hydraulic Oil with a viscosity greater than thirty (30) centistokes is exempt from the requirements for a monitoring well and analyses when stored within elevator equipment provided the chemicals do not contain leachable volatile organic compounds and the total quantity does not exceed 60 gallons.

8. Chemicals containing regulated substances that fuel and are contained within janitorial equipment used for cleaning buildings and other property improvements are exempt only from the requirement for a monitoring well and analyses when the following additional conditions are satisfied.

a. The chemicals are limited to a total quantity not to exceed five gallons.

b. The chemicals are used solely for the purpose of fueling the cleaning equipment.

c. The fueling of the cleaning equipment is performed within a secondary containment area.

9. Retail sales activities are exempt only from the requirement for a monitoring well and analyses when the following additional conditions are satisfied.

a. The retail containers are original unopened containers packaged for retail sale to the general public.

b. Each individual container's size is two (2) gallons or sixteen (16) pounds or less.


Zone 3 and Outside Zone 3

Exemption from Hazardous Material Facility License Requirement

Activities listed in this section, are exempt from the requirements for a Hazardous Material Facility License when all the following conditions are satisfied.

  • The products stored and used by the business are used according to the manufacturer's instructions.
  • The products stored, handled and used by the business are contained solely in original consumer packages for distribution to and use by the general public or for commercial purposes.
  • The products stored and used by the business are not spilled in any quantity on soils or in surface waters at or adjoining the facility.
  • The facility occupied by the business, with the exception of a transformer substation and a wireless telecommunication antenna facility, is connected to the sanitary sewer system.
  • The waste products and containers generated by the business are properly disposed of in accordance with Broward County's requirements.
  • The business stores and uses products contained in individual packages that do not exceed five gallons or sixteen pounds or less.
  • The products stored, handled and used by the business and in a building that has no floor drains or outlets and acts as a secondary containment.
  • The products stored and used by the business are used solely for the maintenance and operation of the business.

1. Businesses operating exclusively as Hair Salons, Nail Salons, Health Spas, Barber Shops and Pet Salons are exempt only from the requirement for a Hazardous Material Facility License. Gasoline, Diesel, Kerosene and solvents used at the facility are not included in this exemption

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Wellfield Protection Program Policy 10

Gel Batteries

Question: What is a gel battery and what are its uses?
Answer: A gel battery is a self-contained battery that uses a high viscosity gel electrolyte instead of the free acid used in a flooded battery. This design minimizes the potential for release of contaminants to the environment. Gel batteries are used as an alternative emergency power source for cellular telephone systems.

Question: How is a gel battery designed and how does this battery design differ from a regular flooded battery?
Answer: The design of a gel battery is such that each lead/lead alloy plate is wrapped with a fibrous glass mat material. All of the plates making up the individual cell are placed in a PVC jar container. A PVC cover is then sealed to the jar. The cells are then placed within a steel container. Finally, the steel container is installed in a secondary containment tray. The materials used to construct the battery are fire retardant and self-extinguishing. The amount of gel electrolyte per cell is three gallons. Each battery contains multiple cells.

The major difference between the regular flooded battery and a gel battery is the electrolyte it uses. The flooded battery contains free acid, the gel battery uses gel material as electrolyte. Gel electrolyte is a mixture of colloidal silica and sulfuric acid. The gel is inside the battery and does not flow. According to the manufacturer no electrolyte will be released in the event the outer casing is broken.

Question: Are gel batteries a solid waste, hazardous material or hazardous waste?
Answer: Gel batteries are a solid waste as defined in Chapter 27-214 of the Broward County Natural Resource Protection Code. Gel batteries are a hazardous material as defined in Chapter 27-352 of the Broward County Natural Resource Protection Code. They are a hazardous material because they contain lead (Pb) and Sulfuric acid. The Florida Department of Environmental Protection does not classify gel batteries as a hazardous waste.

Question: What regulated substances are found in a gel battery?
Answer: Lead is the only regulated substance found in a gel battery as described on the Material Safety Data Sheet (MSDS). Another metal within the battery is copper which is used only on the posts of the battery to obtain lower resistance and better conductivity. Copper cannot be used inside the cell because it will poison the cell. The copper used in the batteries is elemental copper which is not a regulated substance. Sulfuric acid and aluminum are not regulated substances but are found in a gel battery.

Question: How should gel batteries be stored and handled by businesses in Broward County?
Answer: Businesses should store the batteries in a cool room, away from combustibles and on a concrete floor. The spent batteries do not have to be transported by a licensed hauler. Spent batteries should be disposed of at a recycling facility.

Question: Are businesses located in zone 1 of a public wellfield who store, handle, use or produce gel batteries required to obtain a Hazardous Material Wellfield License and monitor the groundwater?
Answer: Businesses that store or use gel batteries and are located in Zone 1 of a public wellfield are required to obtain a Hazardous Material Facility Wellfield License. These businesses are not required to monitor the groundwater if the following conditions are met:

a. Batteries are stored in a dry area of a secured building.
b. Batteries are stored away from combustible materials
c. Batteries are stored at a temperature below 77 degrees Fahrenheit.
d. Batteries are stacked at least 2 centimeters above the floor level.
e. Batteries should not be overheated and overcharged.

Question: Can a discharge from a gel battery impact the environment?
Answer: A discharge resulting from damage to a gel battery presents a low risk to impact the environment. The lead (Pb) is in its elemental form. The acidic gel has a high viscosity. The only reported discharge in Broward County from a damaged gel battery resulted in only an exceedance of the aluminum groundwater standard which is 200 ug/l.

Question: What emergency collection devices are required to clean up a discharge from a gel battery and what are the steps to clean up the discharge?
Answer: Businesses should keep a neutralizing agent, pH-paper and a source of flowing water at the facility. In the event of a discharge the neutralizing agent should be applied to the impacted area to neutralize the acid. PH-paper should be used to check that the area is a neutral pH. The battery casing, its contents and any residues should be placed in a container and taken to a recycling facility.

Question: Does a licensed hauler need to transport the used gel batteries?
Answer: The Broward County Pollution Prevention, Remediation and Air Quality Division does not require used batteries to be transported by a licensed hauler.

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