62-43.035. Preparation, Submittal, and Review of Surface Water Plans

(1) Each District, in cooperation with the Department, the Department of Agriculture and Consumer Services, the Department of Community Affairs, the Game and Fresh Water Fish Commission, the Department of Environmental Protection, and local governments shall prepare and submit to the Department a plan, composed of one or more strategies, for the management of the specific water bodies in the order in which they appear on the Approved Surface Water Priority List. These plans shall be developed using the Uniform Format. Each plan shall include at least:

(a) A description of the water body system, its historical and current uses, its hydrology, and a history of the conditions which have led to the need for restoration or protection;

(b) An identification of all governmental units that have jurisdiction over the water body and its drainage basin within the plan area, including local, regional, state and federal units;

(c) A description of land uses within the plan area and those of important tributaries, point and non-point sources of pollution, and permitted discharge activities;

(d) A list of the owners of point and non-point sources of pollution that discharge into each water body and tributary thereto and that adversely affect the public interest (by causing or significantly contributing to violations of water quality standards). This list shall include separate lists of those sources that are operating without a permit, operating with a temporary operating permit, and those presently violating effluent limits or water quality standards, and include recommendations and schedules for bringing all sources into compliance with state standards when not contrary to the public interest;

(e) A description of strategies for restoring or protecting the water body sufficient to meet Class III standards or better;

(f) A list of studies that are being or have been prepared for the water body;

(g) A list and current status of active restoration or protection projects for the water body;

(h) A description of the research and feasibility studies which will be performed to determine the particular strategy or strategies to restore or protect the water body;

(i) A description of the measures needed to manage and maintain the water body once it has been restored and to prevent future degradation;

(j) A schedule for restoration or protection of the water body; and

(k) An estimate of the funding needed to carry out the restoration or protection strategies.

(2) The District shall hold at least one public hearing, and at least one public workshop in the vicinity of the water body, for which a plan is being developed, in order to obtain public input before completing a plan.

(3) The proposed plan shall be submitted to the Department, the Department of Agriculture and Consumer Services, the Department of Community Affairs, the Game and Fresh Water Fish Commission, the Department of Environmental Protection, and local governments for their review, no later than 60 days before consideration of plan approval by the District governing board. Using the criteria set forth in Section 373.455(2)(a), F.S., the Department shall evaluate each proposed plan. Within 45 days after receipt of the District’s proposed plan, the Department shall notify the District in writing whether the District’s plan is consistent with the intent and provisions of this rule and Section 373.455(2)(a), F.S. If the plan is not consistent, the notification shall include recommendations for modifications necessary to obtain the Department’s concurrence with the final plan.

(4) Within 15 days after approval of a plan by the District governing board the plan shall be transmitted to the Department. As provided in Section 373.456(2), F.S., and this rule, the Department shall conduct a final review of the plan to determine its consistency with the State Water Policy and the State Comprehensive Plan. In this review the Department shall consider the actions taken by the District governing board in response to any concerns expressed by the Department and the other reviewing agencies. Within 30 days after receipt of the plan approved by the governing board, the Department shall notify the District in writing whether the District’s plan is consistent with the intent and provisions of the State Water Policy and the State Comprehensive Plan. This determination shall not constitute a Department rule or order.

(a) If the Department determines the plan is consistent, the District shall publish notice of adoption of the approved plan in the Florida Administrative Weekly. This shall constitute final District action on the Adopted Plan and is subject to review pursuant to Section 373.114, F.S.

(b) If the Department determines the plan is inconsistent, the Secretary shall notify the District of the changes recommended by the Department to make the plan consistent. The District governing board shall review the recommended changes at its next scheduled meeting and shall either adopt them or state why the recommended changes are not adopted. After this meeting the District shall publish notice of adoption of the approved plan in the Florida Administrative Weekly. Such publication shall constitute final District action on the Adopted Plan and is subject to review pursuant to Section 373.114, F.S.

(5) Adopted Plans shall be updated by the Districts as necessary, but in no event later than every 3 years. A regular schedule of review of updated plans, pursuant to Sections 373.455 and 373.456, F.S., shall begin July 1, 1990. Plans shall be reviewed on an annual cycle with a Section 373.455, F.S., review period of 2 months per year per District with the order to be Northwest Florida, Suwannee River, St. Johns River, South Florida, and Southwest Florida Water Management District. The schedule may be adjusted as needed to use the remaining two months of the annual review cycle to address other necessary plan revisions. Each District shall, in consultation with the Department, select those plans to be updated during a specific review cycle.

(6) Substantially revised plans shall be submitted for review as specified by subsections 62-43.035(3) and (4), F.A.C. Departmental review of revised plans shall be required when the revisions significantly impact the completion of any portion of an Adopted Plan or where the revisions include the addition of new plan strategies.

Specific Authority 373.043, 373.453 FS. Law Implemented 373.026, 373.451, 373.453, 373.455, 373.456 FS. History–New 12-7-87, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 14, No. 21; Modified – Chapter 89-279, Laws of Florida; Amended 2-21-90, Formerly 17-43.035.