40E-63.310. Conditions for Issuance of a Master Permit

In order to qualify for the no-notice master permit provided for in Rule 40E-63.305, F.A.C., the EAA-EPD must satisfy all the following conditions:

(1)(a) Submit and implement a scope-of-work which addresses the following elements:

1. The current EAA-EPD sponsored farm-scale research to be conducted at ten farms (or other locations throughout the EAA representative in sufficient number to reflect soil and crop types and other factors that influence BMP design and effectiveness) for verification of BMP effectiveness to reduce total phosphorus discharged shall continue.

2. In recognition that substantial particulate matter such as sediments are being discharged from farms, given that published University of Florida Institute of Food and Agricultural Services data has demonstrated that particulate phosphorus constitutes a significant portion of total phosphorus, the farm-scale research pursuant to subparagraph 1. shall be expanded to include the development, testing, and implementation of BMPs for reducing discharge of particulate phosphorus (i.e., sedimentation basins).

3. The farm-scale research pursuant to subparagraph 1. shall be expanded to include monitoring for specific conductance at all points where total phosphorus is currently being monitored. The expanded research program shall include the development, testing and implementation of BMPs to address reduction of specific conductance.

4. The organic pesticides Atrazine and Ametryn shall continue to be monitored as per conditions of the FDEP Operating Permit for the Everglades Nutrient Removal (ENR) Project. The monitoring is conducted quarterly at the ENR inflow and outflow pump stations. The outflow station quarterly sample will be taken on a 28 day lag from the inflow sampling time to account for hydraulic detention within the ENR. A control monitoring point within the L-7 perimeter canal will be sampled on the same schedule as the outflow station. The District and the EAA-EPD shall cost share equally the laboratory analysis for the organic pesticides Atrazine and Ametryn. Any modification to the FDEP Operating Permit for the ENR concerning sampling and analysis of these parameters shall require a modification to the program scope-of-work pursuant to subsection 40E-63.310(6), F.A.C.

5. A proactive BMP program focused on the prevention of the misapplication of pesticides throughout the EAA shall be developed and implemented. The program shall include an annual continuing education program for all pesticide applicators which will focus on the prevention of misapplication of pesticides in field ditches, laterals, farm canals, drainage district main canals, and District canals and waterways.

6. A schedule for implementing the scope-of-work shall require the program elements to be implemented no later than 6 months following District approval of the program scope-of-work.

(b) The scope-of-work shall be approved by the District if it provides reasonable assurance that the program of BMP research, testing, and implementation meets the requirements of subparagraphs 1.-6. above.

(2) The applicant is advised that standard research protocol requires an approved Florida Department of Environmental Protection (FDEP) Comprehensive Quality Assurance (Comp QA) Plan for collection of field samples. As such, an approved FDEP Comp QA Plan for all parameters specified in subparagraphs 40E-63.310(1)(a)1.-3., F.A.C., must be obtained by the entity collecting samples prior to initiation of field sample collection. Submit a copy of the approved FDEP Comp QA Plan obtained by the entity who will be conducting field sample collection.

(3) Submit verification of laboratory certification as required by Section 403.0625, F.S., of the laboratory to be used to perform the chemical analyses on the samples. The certification must cover analysis of water quality parameters specified in subparagraphs 40E-63.310(1)(a)1.-3., F.A.C.

(4) All data being collected as part of the farm-scale research pursuant to subparagraph 1. shall be maintained by the EAA-EPD in a database format for all parties to access and review upon request.

(5) Reports on the status of the EAA-EPD or its successor interests sponsored program of BMP research, testing, & implementation pursuant to subparagraphs 40E-63.310(1)(a)1.-6., F.A.C., shall be submitted according to a schedule provided in the District approved scope-of-work summarizing program data results, conclusions, milestones, and accomplishments.

(6) The program scope-of-work shall be submitted for District review by January 1, 1997. The District shall take final agency action to approve or deny the program scope-of-work pursuant to this chapter not later than July 31, 1997. The District will conduct an annual public workshop for presentation and discussion of an update of the scope of work, including any application for modification. An annual formal scope-of-work review shall be conducted as a public workshop. Written request for modification to the scope-of-work may be presented and submitted at that time. The District will receive comments from all persons at the public workshop and provide a written determination on the scope-of-work modification within 60 days of the workshop held pursuant to this subsection. The District will approve the modification if the request provides reasonable assurance that the provisions of Section 373.4592(4)(f)2., F.S., will be met.

(7) All information required in subsections (1) through (6) shall be submitted to the South Florida Water Management District, Environmental Resource Permitting Division, 3301 Gun Club Road, West Palm Beach, Florida 33406, Attention: Everglades Regulation Division.

(a) District staff shall notify the EAA-EPD or its successor interests in writing via regular mail of its decision to approve or deny the master permit based upon the EAA-EPD’s compliance with subsections (1) through (6).

(b) District staff’s decision to approve or deny the master permit shall constitute final agency action. If the District’s decision is to deny the master permit, the EAA-EPD may, at any time thereafter, request a hearing to address the Governing Board regarding the District staff’s decision. This request shall be submitted to the South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406, Attention: Everglades Regulation Division.

(c) Immediately upon receipt of a request pursuant to subsection (b), District staff shall schedule consideration of this matter by the Governing Board at its next available, regularly scheduled meeting.

(d) The applicant shall be notified of the date and time of this meeting – or any subsequent meeting if final agency action is not taken – via regular mail to be received by the applicant at least 7 days in advance of the Governing Board meeting.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.4592(4)(f) FS. History–New 1-1-97, Amended 6-30-97, 7-3-01.