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 for noticing, delivery and receipt of documents through electronic media.
SUMMARY: The proposed rules set forth definitions describing the electronic terminology used throughout the District's rules, and provide for electronic noticing, electronic filings, electronic receipt and/or electronic transmission by the District.
SUMMARY OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost has not been prepared based on the District's determination that the proposed revisions will not result in a substantial increase in the costs to affected parties and there will not be significant adverse effects on competition, employment, investment or productivity.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 668.003, 668.004, 668.50 FS.
LAW IMPLEMENTED: 373.016, 373.085, 373.086, 373.451, 373.453, 373.4595, 668.003, 668.004, 668.50 FS.
A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 9:00 a.m., June 14, 2006.
PLACE: South Florida Water Management District Headquarters, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406.
Although Governing Board meetings, hearings and workshops are normally recorded, affected persons are advised that it may be necessary for them to ensure that a verbatim record of the proceeding is made, including the testimony and evidence upon which any appeal is to be based.
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: the South Florida Water Management District Clerk's Office at (561) 682-6436. 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 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). For procedural questions, Jan Sluth, Paralegal, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone 1-800-432-2045, extension 6299, or (561) 682-6299 (internet: jsluth@sfwmd.gov).
THE FULL TEXT OF THE PROPOSED RULE IS:
PART I
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.
PROPOSED EFFECTIVE DATE: October 1, 2006
Specific Authority 373.044, 373.113, 668.003, 668.004, 668.50 FS.
Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4595, 668.003, 668.004, 668.50 FS.
History — New 11-1-89, Amended _________.
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 electronic mail, or in writing, by certified mail to the affected parcel owners.
(4) through (6) No Change.
PROPOSED EFFECTIVE DATE: October 1, 2006
Specific Authority 373.044, 373.113, 668.003, 668.004, 668.50 FS.
Law Implemented 373.085, 373.086, 373.451, 373.453, 373.4595, 668.003, 668.004, 668.50 FS.
History — New 11-1-89, Amended .
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 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 Rule 40E-61.042(2)(b), F.A.C., below or an application for an Individual Permit pursuant to Rule 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 Rule 40E-61.381(2)(a), F.A.C.
2. through 3. No Change.
PROPOSED EFFECTIVE DATE: October 1, 2006
Specific Authority 373.044, 373.113, 373.118, 668.003, 668.004, 668.50 FS.
Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4595, 668.003, 668.004, 668.50 FS.
History — New 11-1-89, Amended______________.
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 Rule 40E-61.042(1)(c) or Rule 40E-61.042(2)(d)2. that the permit is revoked.
(3) No Change.
PROPOSED EFFECTIVE DATE: October 1, 2006
Specific Authority 373.044, 373.113, 668.003, 668.004, 668.50 FS.
Law Implemented 373.451, 373.453, 373.4595, 668.003, 668.004, 668.50 FS.
History — New 11-1-89, Amended 1-1-97, ___________.
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 e-Permitting 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 e-Permitting website or in writing to the District.
(l) through (o) No Change.
PROPOSED EFFECTIVE DATE: October 1, 2006
Specific Authority 373.044, 373.113, 668.003, 668.004, 668.50 FS.
Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4595, 668.003, 668.004, 668.50 FS.
History — New 11-1-89, Amended .