40E-61.020: Scope of Part I
40E-61.031: Implementation
40E-61.042: General Permits for Use of Works of the District Within the Lake Okeechobee Basin
40E-61.321: Duration of Permits
40E-61.381: Limiting Conditions
PURPOSE AND EFFECT: The proposed amendments incorporate provisions to allow delivery and receipt of documents through electronic media.
SUBJECT AREA TO BE ADDRESSED: currently providing for delivery and/or receipt of documents.
SPECIFIC AUTHORITY: 373.044 FS., 373.113 FS., 373.118 FS.
LAW IMPLEMENTED: 373.016 FS., 373.085 FS., 373.086 FS., 373.451 FS., 373.453 FS., 373.4595 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: South Florida Water Management District Clerk’s Office, at (561)682-2087 If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ronda Wise, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone 1(800)432-2045, extension 6500 or (561)682-6500 (internet: rwise@sfwmd.gov)
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40E-61.020 Scope of Part I.
(1) through (4) No Change.
(5) In this rule chapter the “Works Of The District Within The Lake Okeechobee Drainage Basin” are specifically named. These include canals, water control structures, rights-of-way, lakes and streams and other water resources which the South Florida Water Management District owns, has accepted responsibility for, or has specifically named. All lands within the
(a) The District reserves the right to modify the limitations (including assimilative coefficient) in this rule as applied to one or more parcels of land if the District obtains or is presented with evidence that the limitations applicable to the parcels are insufficient to properly control the discharge of phosphorus to Lake Okeechobee, so that the District's ability to fulfill its responsibility to improve and protect the water quality of Lake Okeechobee is threatened. If the District obtains or is presented evidence that the soil types and other factors influencing an assimilative coefficient are generally the same within the southern portion of the East Caloosahatchee Basin tributary to S-77, the Board may extend the assimilative coefficient to all areas of the Basin with common soil types and other factors influencing assimilative capacity. Modifications shall be based upon competent substantial evidence. Affected landowners shall be notified of any proposed modifications by publication of Notice of Rulemaking, by electronic mail, or in writing by certified mail and be provided an opportunity to request a proceeding pursuant to Section 120.57, Florida Statutes.
(b) No Change.
(6) through (7) No Change.
Specific Authority 373.044 FS., 373.113 FS. Law Implemented 373.016 FS., 373.085 FS., 373.086 FS., 373.451 FS., 373.453 FS., 373.4595 FS. History–New
40E-61.031 Implementation.
(1) through (2) No Change.
(3) The District shall adjust the dates specified in subsection (2) above when monitoring data or other circumstances indicate that other specific action may be necessary to protect the water quality of , by certified mail to the affected parcel owners.
(4) through (6) No Change.
Specific Authority 373.044 FS., 373.113 FS. Law Implemented 373.085 FS., 373.086 FS., 373.451 FS., 373.453 FS., 373.4595 FS. History–New
40E-61.042 General Permits for Use of Works of the District Within the
(1)(a) through 1(b) No Change.
(c) No Notice of Intent is required unless the District's monitoring program or other data indicates that discharge from a parcel or sub-basin is not in compliance with the applicable discharge concentration limitation. The total phosphorus concentration exceedance values specified in Table 40E-61-2 and procedures described in paragraph 40E-61.381(2)(b), F.A.C., shall be used in evaluating whether the discharge from a parcel or sub-basin exceeds the allowable concentration. A Notice of Intent pursuant to paragraph 40E-61.042(2)(b), F.A.C., below or an application for an Individual Permit pursuant to paragraph 40E-61.041(2)(a), F.A.C., shall be required for parcels or sub-basins not in compliance. Notice of the requirements shall be provided to sub-basins by Notice of Rulemaking or to individual parcel owners by electronic mail or in writing by certified mail.
(2)(a) through (2)(c) No Change.
(d) Limiting Conditions:
1. If requested by the District by electronic mail or in writing by certified mail, the permittee shall provide the monitoring data described in paragraph 40E-61.381(2)(a), F.A.C.
2. through 3. No Change.
Specific Authority 373.044 FS., 373.113 FS., 373.118 FS. Law Implemented 373.016 FS., 373.085 FS., 373.086 FS., 373.451 FS., 373.453 FS., 373.4595 FS. History–New
40E-61.321 Duration of Permits.
(1) Unless revoked or otherwise modified, the duration of an individual permit or general permit issued pursuant to this chapter is three years from the date of issuance. These permits are extended automatically for another three year period, unless the District advises the permittee by electronic mail or in writing at least 90 days prior to the expiration date that the permit will not be automatically extended. Permits not automatically extended expire three years from the date of issuance unless an application for a renewal is filed (Rule 40E-61.101, F.A.C.).
(2) General permits remain effective until this rule section is amended or the District notifies a permittee by electronic mail or in writing by certified mail pursuant to paragraph 40E-61.042(1)(c) or subparagraph 40E-61.042(2)(d)2. that the permit is revoked.
(3) No Change.
Specific Authority 373.044 FS., 373.113 FS. Law Implemented 373.451 FS., 373.453 FS., 373.4595 FS. History–New
40E-61.381 Limiting Conditions.
(1) through (2)(a) No Change.
(b) Off-site phosphorus discharge shall not exceed the applicable Off-site Total Phosphorus Discharge Concentration or other limitation specified in the permit.
1. The District may use the criteria in Table 40E-61-2, in addition to other available information and data, to evaluate whether the off-site phosphorus discharge from the parcel exceeds the limitation specified in the permit. If the offsite discharge from the parcel exceeds the criteria specified in Table 40E-61-2, there is greater than a 50% probability that the applicable annual off-site phosphorus concentration limitation will be exceeded. If the limitations on Table 40E-61-2 are exceeded, the District shall immediately notify the permittee by electronic mail or in writing and request that additional measures be taken to ensure that compliance with limitations is maintained.
2. Permittees shall be allowed a reasonable period of time to institute the additional measures. The District shall determine the additional time allowed to institute the measures and demonstrate compliance by electronic mail or in writing as an addendum to the permit.
3. No Change.
(c) through (d) No Change.
(e) The permittee shall notify the District by electronic mail at the District’s ePermitting website or in writing when any significant change in land use is made on the permitted parcel. The discharge from the parcel shall comply with the applicable Off-site Total Phosphorus Discharge Concentration or other limitation specified in the permit notwithstanding any change in land use.
(f) through (j) No Change.
(k) The drainage and monitoring systems must be effectively operated and maintained, and any changes in drainage, land use or operations that could affect validity or interpretation of monitoring data must be reported by electronic mail at the District's ePermitting website or in writing to the District.
(l) through (o) No Change.
Specific Authority 373.044 FS., 373.113 FS. Law Implemented 373.016 FS., 373.085 FS., 373.086 FS., 373.451 FS., 373.453 FS., 373.4595 FS. History–New