40C-44.051. Exemptions

The following types of agricultural surface water management systems are exempt from the permit requirements of this chapter:

(1) Concentrated Animal Feeding Operations with a valid permit issued by the Department of Environmental Protection pursuant to Chapter 62-670, F.A.C., provided that:

(a) For dairy farms, the permitted design incorporates a high intensity use area, from which the stormwater runoff is centrally collected for storage and disposal by land application, or is treated prior to discharge.

(b) For egg production facilities, the permitted design prevents the discharge of process wastewater and stormwater runoff to surface waters, except in the event of a storm greater than a 25-year, 24-hour event.

(c) For any concentrated animal feeding operation which does not incorporate a high intensity use area, the permitted design includes provisions to treat stormwater and associated wastewater from adjacent animal loafing and feeding areas; manure pits; animal watering systems; washing, cleaning or flushing pens; or other pollutant sources, so that discharges through the surface water management system from the operation will not cause or contribute to a violation of water quality standards in waters of the state.

(2) Animal Feeding Operations, which do not discharge except in the event of a storm greater than a 25-year, 24-hour event and therefore are not Concentrated Animal Feeding Operations pursuant to Chapter 62-670, F.A.C.

(3) Privately owned or operated agricultural surface water management systems lying within the boundaries of an active water control district which has been formed and operated in accordance with Chapter 298, F.S., or a special district or improvement district created under Florida law which has the power to construct, operate and maintain agricultural surface water management systems, and which district has obtained or elected to obtain a permit pursuant to the requirements of Chapter 40C-44, F.A.C., or has obtained a permit or consent order as stated in Rule 40C-44.031, F.A.C. No exemption is implied or expressed here for any permits required by any other rule within Title 40C, F.A.C., or the water control district or special district.

(4) Agricultural surface water management systems which are required to obtain a permit pursuant to subsection 40C-44.041(2), F.A.C., to implement one or more of the following practices under the District’s Best Management Practices Cost-Sharing Program: SJ1 (Backflow Prevention), SJ5 (Pump Platform Fuel and Oil Containment) or SJ6 (Pesticide Mixing and Storage Area Containment).

(5) Minor alterations, as defined in subsection 40C-44.071(3), F.A.C., of new or existing agricultural surface water management systems permitted under this chapter or Chapter 62-330, F.A.C.

(6) Agricultural surface water management systems which are required to obtain a permit pursuant to subsection 40C-44.041(2), F.A.C., provided they have a valid permit issued pursuant to Chapter 40C-2, F.A.C., which requires that they obtain a Conservation Plan, as defined in subsection 40C-44.021(4), F.A.C., implement the Conservation Plan within 180 days of permit issuance, and maintain the Conservation Plan.

Rulemaking Authority 373.044, 373.113, 373.171, 373.406, 373.418 FS. Law Implemented 373.413, 373.406, 373.416 FS. History–New 8-11-91, Amended 10-20-92, 10-3-95, 10-1-13.