40C-44.061. Individual Environmental Resource Permits for Agricultural Systems

(1) Agricultural surface water management systems which are required to obtain a permit pursuant to Rule 40C-44.041, F.A.C., shall obtain an individual environmental resource permit in accordance with this rule.

(2) The following types of agricultural surface water management systems will qualify for an individual environmental resource permit for an agricultural system, provided they comply with the criteria specified in Rule 40C-44.301, F.A.C.:

(a) Agricultural surface water management systems which are required to obtain a permit pursuant to subsection 40C-44.041(1), F.A.C., provided that they have obtained a Conservation Plan, pursuant to subsection 40C-44.021(4), F.A.C., implement the Conservation Plan within 180 days of permit issuance, and maintain the Conservation Plan.

(b) Agricultural surface water management systems which are required to obtain a permit pursuant to subsection 40C-44.041(1), F.A.C., and which have been authorized pursuant to subsection 40C-44.031(2) or (3), F.A.C., provided they:

1. Continue to maintain and operate the surface water management system, and associated treatment system, as previously permitted or authorized by consent order, and

2. Demonstrate compliance with the performance standards described in Rule 40C-44.065, F.A.C., based upon data collected in compliance with monitoring conditions. If the District staff determines that the compliance monitoring data does not demonstrate compliance with the performance standards, staff will notify the applicant, in writing, of the specific pollutant or pollutants for which treatment will be required.

(c) Minor alterations, as defined in subsection 40C-44.071(3), F.A.C., provided the applicant provides reasonable assurance, through plans, test results or other information, that the alteration complies with subsection 40C-44.071(2), F.A.C.

(d) Surface water management systems which drain an agricultural operation of less than 120 acres, which do not contain a concentrated animal feeding operation, which implement a Conservation Plan, pursuant to subsection 40C-44.021(4), F.A.C., within 180 days of permit issuance and which maintain the Conservation Plan, provided the permittee satisfies the following conditions:

1. The permittee must maintain hour meters, in operating order, on each drainage pump. If the hour meters are not installed at the time of permit issuance, they must be installed within 60 days of the issuance of the permit. Reports of pump operating hours for each pump must be submitted to the District quarterly, using form 40C-44.061(2)(d)1. (Form EN-14M) which is hereby incorporated by reference as of (10-1-13), available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-02659] and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529.

2. The permittee must maintain a surveyed staff gauge, referenced to NGVD or NAVD, in each detention pond. If the staff gauges are not installed at the time of permit issuance, they must be installed within 60 days of the issuance of the permit. Water levels must be recorded a minimum of 3 nonconsecutive days per week, or as an alternative, once a week and daily during pump operation. Reports of water levels for each pond must be submitted quarterly to the District using form 40C-44.061(2)(d)2. (Form EN-52) which is hereby incorporated by reference as of (10-1-13), available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-02661] and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529.

3. The permittee must monitor the water quality on a quarterly basis at each discharge point from pumps or pond outfalls to waters of the state. If no discharge has occurred during a particular quarter, no sampling is required. Water samples must be analyzed for the parameters listed in Table 1 which is hereby incorporated by reference as of (10-1-13), available at [http://www.flrules.org/Gateway/reference.asp?No=Ref-02998] and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529. Samples must be analyzed by a laboratory certified by the Florida Department of Health.

4. If, after five years of water quality monitoring, the permittee demonstrates that the data collected represents steady state conditions and is adequate to project future compliance with state water quality standards, the District shall amend the monitoring conditions by reducing the frequency of monitoring or the number of parameters monitored, or eliminating such requirements.

5. If, after five years of water quality monitoring, the District notifies the permittee in writing that discharges from the surface water management system have not complied with the performance standards described in subsections 40C-44.065(1) and (2), F.A.C., then the permittee must apply for an individual permit in accordance with subsection 40C-44.061(3), F.A.C.

(e) Surface water management systems which drain an agricultural operation which do not contain a concentrated animal feeding operation, provided they have obtained a Conservation Plan, pursuant to subsection 40C-44.021(4), F.A.C., implement the Conservation Plan within 180 days of permit issuance, and maintain the Conservation Plan, and which have not been issued a permit or consent order which authorized operation as described in subsection 40C-44.031(2) or (3), F.A.C., provided the permittee satisfies the monitoring conditions described below:

1. The permittee must maintain hour meters, in operating order, on each drainage pump. If the hour meters are not installed at the time of permit issuance, they must be installed within 60 days of the issuance of the permit. Reports of pump operating hours for each pump must be submitted to the District quarterly, using Form EN-14M, as incorporated by reference in subparagraph 40C-44.061(2)(d)1., F.A.C.

2. The permittee must maintain a surveyed staff gauge, referenced to NGVD or NAVD, in each detention pond. If the staff gauges are not installed at the time of permit issuance, they must be installed within 60 days of the issuance of the permit. Water levels must be recorded a minimum of 3 nonconsecutive days per week, or as an alternative, once a week and daily during pump operation. Reports of water levels for each pond must be submitted quarterly to the District using Form EN-52 as incorporated by reference in subparagraph 40C-44.061(2)(d)2., F.A.C.

3. The permittee must monitor the water quality on a quarterly basis at each discharge point from pumps or pond outfalls to waters of the state following implementation of the Conservation Plan or within 180 days of permit issuance, whichever occurs sooner. If no discharge has occurred during a particular quarter, no sampling is required. Water samples must be analyzed for the parameters listed in Table 1 as incorporated by reference in subparagraph 40C-44.061(2)(d)3., F.A.C. Samples must be analyzed by a laboratory certified by the Florida Department of Health.

4. If, after five years of water quality monitoring, the permittee demonstrates that the data collected represents steady state conditions and is adequate to project future compliance with state water quality standards, the District shall amend the monitoring conditions by reducing the frequency of monitoring or the number of parameters monitored, or eliminating such requirements.

5. If, after one year of water quality monitoring, the District notifies the permittee in writing that discharges from the surface water management system have not complied with the performance standards described in subsections 40C-44.065(1) and (2), F.A.C., then the permittee must apply for an individual permit in accordance with subsection 40C-44.061(3), F.A.C.

(3) An individual environmental resource permit for an agricultural system may be issued to the applicant, upon such conditions as the District may direct, only if the applicant affirmatively provides the District with reasonable assurance based on plans, test results or other information, that the construction, expansion, alteration, modification, operation or activity of the surface water management system will comply with the performance standards described in Rule 40C-44.065, F.A.C., and the criteria specified in Rule 40C-44.301, F.A.C.

(a) For existing systems, incorporation of the appropriate water quality practices, as described in Rule 40C-44.066, F.A.C., shall be presumed to provide reasonable assurance of compliance with the performance standards as described in Rule 40C-44.065, F.A.C., provided that provisions have been made for maintenance and operation of the proposed surface water management system and water quality practices pursuant to Rule 40C-44.069, F.A.C.

(b) For new systems, incorporation of the appropriate water quality practices, as described in Rule 40C-44.066, F.A.C., and installation of a surface water management system designed to provide a level of treatment and pollutant reduction so that pollutant loads discharged to surface waters of the state on an average annual basis, from a particular agricultural operation are 80% less than those from a similar operation which did not incorporate a treatment system or water quality practices, shall be presumed to provide reasonable assurance of compliance with the performance standards as described in Rule 40C-44.065, F.A.C., provided that provisions have been made for maintenance and operation of the proposed surface water management system and water quality practices pursuant to Rule 40C-44.069, F.A.C.

(c) New and existing systems which discharge to Class I, Class II, or Outstanding Florida Waters shall be required to provide an additional level of treatment to provide reasonable assurance pursuant to subsection (3) above.

Rulemaking Authority 373.044, 373.113, 373.171, 373.406, 373.416, 373.418 FS. Law Implemented 373.413, 373.4131, 373.416 FS. History–New 8-11-91, Amended 10-20-92, 10-3-95, 10-1-13.