Individual Environmental Resource Agricultural System Permits, Relationship to Other Permitting Requirements, Publications Incorporated by Reference, Content of the Application
St. Johns River Water Management District
RULE NOS.: RULE TITLES:
40C-44.061Individual Environmental Resource Agricultural System Permits
40C-44.071Relationship to Other Permitting Requirements
40C-44.091Publications Incorporated by Reference
40C-44.101Content of the Application
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 51, March 14, 2013 issue of the Florida Administrative Register.
These changes are in response to comments received from the Joint Administrative Procedures Committee.
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) through (c) No change.
(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) provided in Appendix F of the Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District, which is hereby incorporated by reference as of (effective date), available at [insert hyperlink from DOS] and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529. http://floridaswater.com/ruledevelopment/.
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) provided in Appendix G of the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District”, which is hereby incorporated by reference as of (effective date), available at [insert hyperlink from DOS] and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529. http://floridaswater.com/ruledevelopment/.
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 of Appendix E, Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District, which is hereby incorporated by reference as of (effective date), available at [insert hyperlink from DOS], and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529. http://floridaswater.com/ruledevelopment/. 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 paragraph 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, provided in the Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District.
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. provided in Appendix G of the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the S. Johns River Water Management District.”
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 of Appendix E, Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District, 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) No change.
40C-44.071 Relationship to Other Permitting Requirements.
(1) No change.
(2) Alterations of existing agricultural surface water management systems, which would otherwise require permits pursuant to paragraph 62-330.020(2)(a), F.A.C., will be considered minor alterations and will qualify for an individual environmental resource permit, pursuant to this chapter, provided they do not increase the peak discharge rate and total discharge volume, when applicable (“Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District”, Section 3.2), or alter off-site storage and conveyance capabilities of the water resource (“Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District “ Section 3.4), or adversely affect wetland functions, (“Environmental Resource Permit Applicant’s Handbook, Volume I (General and Environmental, Section 10.2.2) or increase the off-site pollutant loading (“Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District” , Section 4.0), all as incorporated by reference in 40C-4.091(1)(a), F.A.C., or implemented pursuant to paragraph 373.4131(2)(a), F.S. (2012), as applicable.
(3) through (5) No change.
40C-44.091 Publications Incorporated by Reference.
(1) The Governing Board hereby adopts by reference Part VII (sections 14.0-19.2.6), available at [insert hyperlink from DOS] and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, Appendices D, E, F, and G of the document entitled “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District”, effective (effective date) 12-27-10, available at http://floridaswater.com/ruledevelopment/.
(a) The purpose of the document is to provide information regarding the environmental resource permit program for agricultural systems.
(b) No change.
(2) and (3) No change.
40C-44.101 Content of the Application.
(1) All applications for environmental resource permits for agricultural systems shall be processed in accordance with the procedures of Chapters 120 and 373, F.S., and subsection 15.4.1 of the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District” as incorporated by reference in 40C-44.091(1), F.A.C.
(2) Applicants for an individual environmental resource permit for an agricultural system under this chapter shall complete District form 40C-44.101(2) 40C-44.900(1), (Supplemental Information for Agricultural Systems) incorporated herein by reference, as of (effective date), available at [insert hyperlink from DOS], and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, http://floridaswater.com/ruledevelopment/ in Rule 40C-44.900, F.A.C., and Section A of form 62-330.060(1) , “Joint Application for Individual and Conceptual Environmental Resource Permit/Authorization to Use State-Owned Submerged Lands/Federal Dredge and Fill Permit” (effective date), available at (insert DOS hyperlink that DEP obtained), and upon request from the St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529 http://floridaswater.com/ruledevelopment/, and implemented pursuant to paragraph 373.4131(2)(a), F.S. (2012).
ENVIRONMENTAL RESOURCE PERMIT APPLICANT’S HANDBOOK:
15.2Forms and Instructions
15.2.1Applicants should complete Section A of form 62-330.060(1) (Joint Application for Individual and Conceptual Environmental Resource Permit/Authorization to Use State-Owned Submerged Lands/Federal Dredge and Fill Permit) (effective date) and incorporated by reference in rule 62-330.060(1), F.A.C., and form 40C-44.101(2)40C-44.900(1) (Supplemental Information for Agricultural Systems), which has been incorporated by reference in 40C-44.101(2) adopted as a rule in section 40C-44.900, F.A.C. A copy of the supplemental form is included in Appendix D of this Volume. These forms must be used in the application for an individual permit for construction, operation, maintenance, alteration, removal, or abandonment of new or existing systems.
19.0Harm to the Water Resources of the District
19.1Harm to the Water Resources Standards
19.1.1The Governing Board has delineated the following performance standards which must be met to demonstrate that the proposed activity will not be harmful to the water resources of the District and will not cause adverse impacts to the quality of the receiving waters:
(a)Discharges from the agricultural surface water management system shall not cause or contribute to a violation of water quality standards in waters of the state, as set forth in chapters 62-4, 62-302, 62-520, and 62-550, F.A.C. (incorporated by reference in 40C-4.091(1)(c)), including any antidegradation provisions of sections 62-4.242(1)(a) and (b), 62-4.242(2) and (3), and 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in sections 62-4.242(2) and (3), F.A.C.
(b) and (c) No change.
