40E-63.101. Scope

(1) The goal of the regulatory program contained in Part I of this chapter is to reduce by 25% the total phosphorus loads discharged from the EAA.

(a) The EAA is generally depicted in Appendix A1 Figure 2 and includes the drainage Basins of S-2, S-3, S-5A, S-6, S-7, S-8 and S-150.

(b) The Everglades Protection Area is generally depicted in Appendix A1 Figure 1 and includes Water Conservation Areas 1, 2A, 2B, 3A and 3B, the Arthur R. Marshall Loxahatchee National Wildlife Refuge and the Everglades National Park.

(c) Both areas are more specifically identified and described in Rule 40E-63.104, F.A.C. (Boundaries).

(2) In Part I of this chapter, the “Works of the District within the Everglades” are specifically named. These include water control structures, rights-of-way, canals, and other water resources which the South Florida Water Management District owns, has accepted responsibility for, or has specifically named. All lands within the EAA are deemed to be users of the Works of the District within the Everglades, and as such, must comply with the applicable provisions of this chapter. Any owner of a parcel of land in the EAA must obtain the applicable general, individual, or master permit, and comply with applicable rule criteria.

(3) This rule is based on the assumption that implementation of the regulatory program for the EAA will not reduce the quantity of water discharged from the S-2, S-3, S-5A, S-6, S-7, S-8 and S-150 Basins by more than 20% of the quantity discharged historically. The District will evaluate water quantity data collected from the structures, beginning on the effective date of this rule, to determine whether the quantity discharged from the structures after implementation of this regulatory program is less than 80% of the historical amount. If the quantity of water discharged is less than assumed or the water supply for the Everglades is inadequate, the District intends to take appropriate actions in the future to insure water supply for the Everglades. Appropriate actions may include, but are not limited to operational changes, or the initiation of proceedings pursuant to Chapter 120, F.S., to modify or revoke District permits or rules relating to water quantity used or discharged (surface water management, consumptive water use and works of the district). This section is not intended to modify or limit in any way the District’s authority and responsibilities to plan for and regulate consumptive water use, water shortages and water supply.

(4) The District shall consider alternatives to the requirements specified in this chapter, if the District obtains or is presented with evidence that the alternatives are more appropriate for the particular facts and circumstances presented and are consistent with the policy and purpose of this chapter. This section is intended to allow additional methods for achieving equivalent performance and compliance and not to establish more or less strict requirements. Any proposals for alternative requirements shall be reviewed by District staff, and presented to the Governing Board for action.

(5) The District intends to continue research and evaluation of the data collection procedures and methodology specified in Parts I, II and III of this chapter, the effectiveness of the regulatory program in accomplishing the goal, and the water quality of the Everglades. The regulatory program and requirements set forth in this chapter, including all compliance and enforcement procedures for permittees, are subject to revision if future evaluations indicate that the goal of reducing total phosphorus loads discharged from the EAA by 25% is not met. The District will initiate Chapter 120, F.S., rulemaking procedures to incorporate any significant changes to the data collection procedures, methodology, program requirements, or program compliance and enforcement procedures specified in this chapter. In addition, other water quality parameters, water quantity withdrawal conditions, or requirements may be added, and funding requirements for fulfilling other District objectives could be affected.

(6) The District is also responsible for implementing SWIM Plans for other priority water bodies. However, these areas are not included in the scope of this rule, except to the extent that they are identified and described as part of the area in Rule 40E-63.104, F.A.C. (Boundaries).

(7) Permits issued under this chapter do not eliminate or alter permit requirements for discharges which may also impact other water bodies, such as Lake Okeechobee, or permits which may be required by other District regulatory programs.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4592 FS. History–New 1-22-92, Amended 7-7-92, 7-3-01.