40E-63.136. Conditions for Issuance of Individual Permits in the EAA Basin

In order to obtain a permit under Part I of this chapter, an applicant must satisfy all the following conditions:

(1) Submit and implement a BMP Plan which includes:

(a) A description of Best Management Practice implementation and operation;

(b) A description of Best Management Practice rationale (Best Management Practice research can be used to supplement data where appropriate);

(c) A consideration of the Best Management Practices listed in Appendix A2, incorporated by reference into this chapter, and an explanation of why Best Management Practices not included in the BMP Plan are not suitable for implementation;

(d) A fertilization and water management plan for each crop, combination of crops or farming units;

(e) A water management system design plan, including a water budget, probable volume and timing of discharge, nutrient recovery rationale, field water management strategies, infrastructure descriptions, and inter-and intra-operation water routing;

(f) A monitoring plan to verify Best Management Practice implementation, operation and effectiveness (Best Management Practice research can be used to supplement data where appropriate);

(g) An education and training program for management and operation staff responsible for implementing and monitoring the approved BMP Plan;

(h) A schedule for implementing the BMP Plan. The schedule must require Best Management Practices to be in place by February 1, 1995.

(2) Submit an acceptable water quality monitoring plan which provides reasonable assurance that annual water discharge and total phosphorus load are accurately documented. A plan which contains the following items generally provides reasonable assurance, but other alternatives may be proposed by the applicant and authorized by the District:

(a) A description of the proposed monitoring program, including an explanation of how it will measure flow and total phosphorus concentration;

(b) A map, description, and latitude and longitude of all proposed monitoring locations, which shall include, at a minimum, all structures that discharge into District primary canals;

(c) A description of proposed sample collection methods and schedules, which specifies:

1. Periods of discharge (e.g., biweekly) over which samples will be collected (If there has been no discharge during a period, no samples need to be collected);

2. Water depth location of sample collection;

3. Consistent site location of sample collection (e.g., on the upstream side of the culvert discharging to the District canal, in the tailwater of the pump, if present, etc.);

4. Collection technique (e.g., automatic sampler or grab sampling; automatic samplers may be configured to collect flow-proportional or time-proportional composite samples);

5. Written specification of items 1, 2, 3 and 4 above for each sample location;

6. How samples will be treated (e.g. compositing versus individual analysis);

7. Sample preservation method (acidification shall be required during collection periods prior to pick-up, but refrigeration shall not be required);

8. For sites with a single variable speed pump or more than one pump, a flow proportional sampling method shall be required; for sites with single or multiple pumps run at constant speed, the time-proportional method may be used for each pump (constant volumes of water are collected at set intervals as long as the pump is operating);

9. How water discharges are measured or estimated from pump operating logs (if estimated by operation logs, the pump calibration methodology and results of calibration methodology must be certified by a Professional Engineer);

10. Identification and qualification of individuals who will collect samples;

(d) A description of the proposed sample handing and laboratory analyses, including identification of the laboratory (which must have an approved QA/QC Plan from a laboratory certified in accordance with Section 403.0625, F.S.) to be used to perform the chemical analyses on the samples, a specified schedule for processing samples, and chain of custody documentation. The plan shall include “split sampling”, to furnish the District with samples to ensure field and laboratory accuracy;

(e) A description of data management techniques, including a schedule for the delivery of data from the analytical laboratory which provides for data to be transmitted to the District in electronic format monthly and annually, unless another time period is authorized by the District. The electronic format shall be a DOS formatted 3.5 inch disk that contains, in ASCII, horizontal records with evenly spaced columns of owner; site location (latitude-longitude), sample location (u for upstream or d for downstream), water quantity discharges (mgd for million gallons per day), total phosphorus concentrations (mg/1 as P) (including QA/QC results), date (mmddyy) and time (military) of sample collection, period of discharge (mmddyy-mmddyy), whether samples were taken by grab (g) or automatic techniques (t for time proportional or f for flow proportional), whether samples were composited (c for composited or nc for not composited), daily loads (kg/d), and identification of methods used to compute water quantity discharges and phosphorus load;

(f) A description of data review procedures, including the identification of the reports required pursuant to paragraphs 40E-63.143(2)(c) and (d), F.A.C., (Limiting Conditions for Individual Permits), and a schedule for submission of reports monthly and annually, unless another time period is authorized by the District; methodology for calculating daily total phosphorus loads shall be identified by monitoring location when reporting loads;

(g) A backup plan that will be implemented for guaranteeing resumption of sampling if planned sampling devices or techniques become inoperable for whatever reason;

(h) A schedule for implementing the monitoring plan, which shall require water quality monitoring to begin no later than 90 days after permit issuance and water quantity monitoring to begin no later than 180 days after permit issuance.

(3) Submit applications for new permits or modifications to existing permits required pursuant to other District rules (e.g., Surface Water Management, Environmental Resource, Consumptive Water Use, Well Construction, Right-of-Way, or Lake Okeechobee SWIM), as a result of activities proposed by the BMP Plan.

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 7-3-01.