By notice published in the Florida Administrative Weekly on August 24, 2012, the St. Johns River Water Management District (“SJRWMD”) initiated rulemaking to amend its rules consistent with Section 373.4131, F.S. Section 373.4131, F.S. became ...

 

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District

RULE NOS.:RULE TITLES:
40C-44.011Purpose and Scope
40C-44.021Definitions
40C-44.041Permits Required
40C-44.051Exemptions
40C-44.061Individual Environmental Resource Agricultural System Permits
40C-44.065Performance Standards
40C-44.066Water Quality Practices
40C-44.071Relationship to Other Permitting Requirements
40C-44.091Publications Incorporated by Reference
40C-44.101Content of the Application
40C-44.301Conditions for Issuance of Permits
40C-44.341Revocation or Modification of Permits
40C-44.900Forms and Instructions
PURPOSE AND EFFECT: By notice published in the Florida Administrative Weekly on August 24, 2012, the St. Johns River Water Management District (“SJRWMD”) initiated rulemaking to amend its rules consistent with Section 373.4131, F.S. Section 373.4131, F.S. became effective on July 1, 2012, and requires the Department of Environmental Protection (“DEP”) in coordination with the five water management districts (“WMDs”) to develop statewide environmental resource permitting (“ERP”) rules. These rules are to rely primarily upon existing rules of the DEP and WMDs, but may be revised as necessary to achieve a more consistent, effective and streamlined approach in the state’s ERP program.
To implement 373.4131(1), F.S., DEP has initiated rulemaking to revise Chapter 62-330, F.A.C. As part of its rulemaking, DEP intends to incorporate by reference documents to be known collectively as an applicant’s handbook. Two volumes of the applicant’s handbook will apply in each WMD: (1) one volume that will include general and environmental procedures, and forms that will apply statewide (Volume I); and (2) a second volume, specific to, and adopted by, the WMD that, among other things, will set forth design and performance standards for stormwater quality and quantity, and address any District-specific thresholds and exemptions in Chapter 62-330 (Volume II). These volumes will replace and/or amend SJRWMD’s existing Applicant’s Handbooks, including “Applicant’s Handbook: Agricultural Surface Water Management Systems (Chapter 40C-44, F.A.C.)” (December 27, 2010) (Agricultural Handbook).
During the rulemaking process, DEP has indicated that the statewide environmental resource permitting rules will be designed so that they do not substantively affect agricultural or silvicultural activities within each WMD. Consistent with this goal, the new statewide ERP rules in Chapter 62-330 will incorporate by reference the District’s existing rules in Chapter 40C-44 regarding agricultural surface water management systems.
The purposes of the proposed rule amendments to Chapter 40C-44 are to: (1) delete or update references to rule chapters 40C-4 and 40C-40 and Applicant’s Handbook Sections that will be superseded by Chapter 62-330 and new Applicant’s Handbook volumes; (2) make any other necessary changes to reflect adoption of the statewide ERP rules; and (3) implement amendments consistent with the District’s 2012-2013 Regulatory Plan. None of the proposed amendments are designed to create changes in the substantive requirements for agricultural surface water management systems under Chapter 40C-44 within SJRWMD.
SUMMARY: The proposed rule amendments would: (1) revise references to Chapter 40C-4 and 40C-40 to reference the applicable provisions in Chapter 62-330; (2) revise references to the District’s existing Applicant’s Handbooks so that the rule references the applicable Volume I or Volume II of the handbook that has been developed as part of DEP’s statewide ERP rulemaking process; (3) merge Sections 40C-44.055 and 40C-44.061 into one section providing for individual permits since chapter 62-330 does not provide for standard general ERPs; (4) amend 40C-44.101 to reference the new statewide application form and an addendum that will replace existing forms in the rule; (5) amend section 40C-44.091 to delete reference to the District’s existing Agricultural Handbook; and (6) amend sections 40C-44.011 and 40C-44.021 consistent with the District’s 2012-2013 Regulatory Plan; and (7) incorporate by reference Part VII (“Agricultural Surface Water Management Systems”) of new SJRWMD Volume II. Part VII is based on the District’s existing Agricultural Handbook. The proposed amendments do not incorporate by reference sections of Volume I because these sections will be incorporated by reference in chapter 62-330 and, pursuant to Section 373.4131(2)(a), F.S., SJRWMD must implement the amendments to Chapter 62-330 without further rulemaking.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendments, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District’s staff in preparing and completing those documents, the proposed rule amendments are not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 369.318, 373.016, 373.044, 373.113, 373.118, 373.171, 373.406, 373.413, 373.4131, 373.416, 373.418 FS.
LAW IMPLEMENTED: 373.016, 369.318, 373.016, 373.103, 373.406, 373.409, 373.413, 373.4131, 373.416, 373.418, 373.426, 373.461 373.603, 373.609, 373.613 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Following the regularly scheduled Governing Board Meeting on April 9, 2013, which begins immediately following the Regulatory Committee Meeting that begins at 10:00 a.m.
PLACE: St. Johns River Water Management District Headquarters, Executive Building, 4049 Reid Street, Palatka, Florida 32177
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Wendy Gaylord, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone], email [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

40C-44.011 Purpose and Scope.

(1) The purpose of Chapter 40C-44, F.A.C., is to implement portions of the permitting program contemplated in Part IV, Chapter 373, F.S., in a manner which is consistent with the objectives and policies of the St. Johns River Water Management District, and the declared water policy of the State of Florida.

(2) The District’s goal under this chapter is to prevent discharges of agricultural stormwater and associated wastewater in a manner which is inconsistent with the objectives of the District or which may cause harm to the water resources of the District.

(3) This chapter provides an overall framework for agricultural permitting District-wide. The District may implement basin-specific criteria for agriculture or other land uses, when appropriate, in accordance with Surface Water Improvement and Management Plans, other basin-specific studies and Chapter 62-40, F.A.C.

(1)(4) An individual environmental resource agricultural system permit under this chapter will be required for the maintenance and operation of certain existing agricultural surface water management systems as defined herein, and the construction of certain new agricultural surface water management systems which are below thresholds described in Chapter 40C-4, F.A.C.

(2)(5) Agricultural operations which are required to obtain an environmental resource permit pursuant to Chapter 62-330 40C-4, F.A.C., shall satisfy the requirements of the District in terms of the quality of water discharged from the system, by implementing the performance standards and water quality practices described in this chapter.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

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

 

40C-44.021 Definitions.

(1) “Agriculture,” for the purposes of this chapter, means the commercial production of crops, animals or animal products, or farm commodities including but not limited to vegetables, citrus and other fruits, grain, forage, sod, livestock, poultry, and foliage plants. For the purposes of this chapter, Aagriculture also includes horticulture and floriculture.

(2) through (6)  No change.

(7) “Hayland” means a tract of land used for forage production, which has been planted with desirable forage plant species, listed by the Soil Conservation Service for Pasture and Hayland Management in the Field Office Technical Guide, and to which nitrogen or phosphorus is applied at an average annual application rate equal to or exceeding 50% of the medium fertilizer requirements recommended by the Soil Conservation Service for Pasture and Hayland Management in the Field Office Technical Guide.

(8) “Improved Pasture” means a tract of land used for livestock grazing, which has been planted with desirable forage plant species, listed by the Soil Conservation Service for Pasture and Hayland Management in the Field Office Technical Guide, and to which nitrogen or phosphorus is applied at an average annual application rate equal to or exceeding 50% of the medium fertilizer requirements recommended by the Soil Conservation Service for Pasture and Hayland Management in the Field Office Technical Guide.

(9) through (12)  No change.

(13) “Stormwater Management System” means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use, or reuse water to prevent or reduce flooding, overdrainage, environmental degradation and water pollution or otherwise affect the quantity and quality of discharges from the system.

(14) through (15) renumbered (13) through (14) No change.

(16) “Water” or “waters in the state” means any and all water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, lakes, ponds, or diffused surface of the ground, as well as all coastal waters within the jurisdiction of the state.

(17) “Waters of the State” are defined as “waters” in subsection 403.031(13), F.S.

(15)(18)  No change.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.413, 373.019, 373.403, 373.416 FS. History–New 8-11-91, Amended 10-20-92, 7-4-93, 10-3-95,                           .

 

40C-44.041 Permits Required.

(1) Unless expressly exempt by Section 373.406, F.S., or Rules 62-330.051 40C-4.051 or 40C-44.051, F.A.C., a permit is required under this chapter for the maintenance and operation of existing agricultural surface water management systems which serve an agricultural operation as described in paragraph (a) or (b) below.

(a) An individual or standard general environmental resource agricultural system permit is required for the maintenance and operation of existing agricultural surface water management systems which incorporate pumped discharges from stationary or portable facilities as part of the surface water management system and which have pumps with a capacity, either individually or cumulatively, of 10,000 gallons per minute (GPM) or greater. The pump operator or person in control of the pump is required to obtain the maintenance and operation permit.

(b) Case by case designation. Notwithstanding any other provision of this section, the District shall require that an agricultural operation, including pumped or gravity-drained systems, obtain an individual environmental resource agricultural system permit for an agricultural system pursuant to this chapter or modification of a permit issued pursuant to Chapter 62-330 40C-4, F.A.C., if it causes or contributes to a violation of state water quality standards within waters of the state. In determining whether an individual permit is required under these circumstances, the District will consider the following information;

1. Water quality monitoring data collected by the District or other agency;

2. The size of the agricultural operation and the amount of stormwater and associated wastewater reaching waters of the state, relative to the size and nature of the immediate drainage basin;

3. The means of conveyance of stormwater and associated wastewater to waters of the state;

4. Characteristics of the site including the slope, vegetation, rainfall, and other factors relating to the likelihood or frequency of discharge of stormwater and associated wastewater to waters of the state;

5. The status, results and recommendations of available basin-specific studies, including those conducted as part of a Surface Water Improvement and Management Plan or pursuant to Chapter 62-40, F.A.C.;

6. The existence of mixing zones, variances or site specific alternative criteria granted by the Department of Environmental Protection pursuant to Chapters 62-4 and 62-302, F.A.C.; and

(2) Unless expressly exempt by Section 373.406, F.S., or Rules 62-330.051 40C-4.051 or 40C-44.051, F.A.C., or authorized under subsection 403.814(12), F.S., an environmental resource agricultural system permit must be obtained for the construction, maintenance and operation of new agricultural surface water management systems, or alteration of existing systems, which:

(a) drain an agricultural area greater than 2 acres;

(b) are below thresholds described in paragraphs 62-330.020(2)(a) and (e), F.A.C.;

(c) serve a project with a total land area less than 40 acres; and

(d) do not provide for the placement of 12 or more acres of impervious surface that constitutes 40 or more percent of the total land area. and are not required to obtain a permit pursuant to Chapter 40C-4 or 40C-40, F.A.C.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171, 373.406, 373.416, 373.418 FS. Law Implemented 373.409, 373.413, 373.416, 373.418 FS. History–New 8-11-91, Amended 10-20-92, 7-4-93, 10-3-95,_________    .

 

40C-44.051 Exemptions.

The following types of agricultural surface water management systems are exempt from the permit requirements of this chapter:

(1) through (4) No change.

(5) Minor alterations, as defined in subsection 40C-44.071(3), F.A.C., of new or existing agricultural surface water management systems permitted under this chapter or, Chapter 62-330 40C-4 or 40C-40, F.A.C.

(6) No change.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

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

 

40C-44.061 Individual Environmental Resource Agricultural System 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., and which do not qualify for a standard general environmental resource agricultural system permit, shall are required to obtain an individual environmental resource agricultural system 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 paragraph 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 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 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 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 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 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 subsection 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 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 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.  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)(2) An individual environmental resource agricultural system 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)(3) 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)(4) 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)(5) 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 (32) above.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

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,__________.

 

40C-44.065 Performance Standards.

(1) through (2) No change.

(3) In addition to subsections (1) and (2), the applicant is advised that discharges from the agricultural surface water management system will be required to comply with a waste load allocation, or a pollutant load reduction goal pursuant to Chapter 6217-40, F.A.C., when said allocation or goal is adopted by District rule, such that the operation is consistent with the objectives of the District as set forth in section 189.0 of “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the S. Johns River Water Management District”, which is hereby incorporated by reference as of (effective date) and available at http://floridaswater.com/ruledevelopment/. the Applicant’s Handbook: Agricultural Surface Water Management Systems. Nothing herein shall be construed to exempt discharges from meeting said allocation or goal.

(4) No change.

(5) Agricultural surface water management systems requiring a permit that will be located in the Wekiva Recharge Protection Basin must comply with the requirements of paragraph 40C-41.063(3)(a), F.A.C., and Sections 13.3 through 13.3.5 11.3.1, “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-41.043(5), F.A.C. Applicant’s Handbook: Management and Storage of Surface Waters.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 369.318, 373.044, 373.113, 373.171, 373.415, 373.416, 373.418, 373.461 FS. Law Implemented 369.318, 373.016, 373.413, 373.4131, 373.416, 373.418, 373.426, 373.461 FS. History–New 8-11-91, Amended 10-20-92, 7-4-93, 10-3-95, 3-7-03, 12-3-06,_________ .

 

40C-44.066 Water Quality Practices.

The practices listed below are set forth in this rule for the purpose of evaluating compliance with this chapter. It is presumed the water quality practices implemented in accordance with this section will provide reasonable assurance that the system will comply with the performance standards described in Rule 40C-44.065, F.A.C. The water quality practices or other alternatives shall be implemented to the extent necessary to comply with the performance standards described in Rule 40C-44.065, F.A.C. In some cases, the implementation of these practices may not result in compliance with the performance standards for issuance of an individual environmental resource agricultural system permit for an agricultural system. In those cases, the applicant shall provide for implementation of such additional water quality practices and/or treatment methodologies as necessary to provide reasonable assurance that the discharge will comply with the performance standards described in Rule 40C-44.065, F.A.C.

(1)   through (4) No change.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171, 373.416, 373.418 FS. Law Implemented 373.016, 373.416 FS. History–New 8-11-91, Amended 10-20-92, 10-3-95,                          .

 

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 paragraphRule 62-330.020(2)(a) 40C-4.041, F.A.C., will be considered minor alterations and will qualify for an standard general or individual environmental resource agricultural system permit, as appropriate, 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” Applicant’s Handbook: Management and Storage of Surface Waters, Section 3.2 10.3 and 10.4), 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” Applicant’s Handbook: Management and Storage of Surface Waters, Section 3.4 10.5), or adversely affect wetland functions, (“Environmental Resource Permit Applicant’s Handbook, Volume I (General and Environmental)” Applicant’s Handbook: Management and Storage of Surface Waters, Section 10.2.2 12.2.2) 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” Applicant’s Handbook: Management and Storage of Surface Waters, Section 4.0 10.7.2), 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).

(3) The following activities, for the purposes of this rule, are presumed to be minor alterations:

(a) through (c) No change.

(d) Modification or expansion of existing detention ponds within previously diked areas, provided that public safety concerns related to levee failure are addressed, no floodplain encroachment occurs, and impacts to wetlands do not require a permit pursuant to paragraphRule 62-330.020(2)(a) 40C-4.041, F.A.C.,

(e) Construction of new detention ponds within previously diked areas, provided that public safety concerns related to levee failure are addressed, no floodplain encroachment occurs, and impacts to wetlands do not require a permit pursuant to paragraph Rule 62-330.020(2)(a) 40C-4.041, F.A.C.

(4) Whenever the alteration, modification or construction of a new or existing agricultural surface water management system requires that an environmental resource permit be secured pursuant to paragraph Chapter 62-330.020(2)(a), (b), (c), (d), (e), (f), (g), (h), or (j) or section 1.2.2 “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-4.091(1)(a), F.A.C., 40C-4 or 40C-40, F.A.C., the performance standards and water quality practices established in this chapter shall be reviewed as part of those permit applications. A separate permit application under this chapter shall not be required. However, the applicant must provide the required technical information as part of those applications to demonstrate compliance with this chapter.

(5) When a permit is required pursuant to this chapter and an individual environmental resource permit is required pursuant to Chapter 40C-4, F.A.C., for the same system, the time frames of Chapter 40C-4, F.A.C., shall apply to issuance of a permit under this chapter.

(5)(6) No change.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171, 373.4131, 373.416, 373.418 FS. Law Implemented 373.4131, 373.416, 373.418 FS. History–New 8-11-91, Amended 10-20-92, 10-3-95, 11-11-03,                            .

 

40C-44.091 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference Part VII (sections 14.0-19.2.6) and Appendices D, E, F, and G “Policy and Procedures” and Part II “Criteria for Evaluation,” 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”, “Applicant’s Handbook: Agricultural Surface Water Management Systems,” effective                          12-27-10, available at http://floridaswater.com/ruledevelopment/.

(a) The purpose of the document is to provide information regarding the environmental resource agricultural system permit program for agricultural systems.

(b) The document may be obtained by contacting:

Director, Bureau of Regulatory Support

St. Johns River Water Management District

4049 Reid Street

Palatka, Florida 32177-2529.

(2) and (3) No change.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 369.318, 373.044, 373.113, 373.118, 373.171, 373.406, 373.4131, 373.416, 373.418 FS. Law Implemented 369.318, 373.118, 373.406, 373.413, 373.4131, 373.416, 373.418, 373.426, 373.461, 373.603, 373.609, 373.613 FS. History–New 10-20-92, Amended 7-4-93, 10-3-95, 1-11-99, 4-10-02, 3-7-03, 12-3-06, 12-27-10,                       .

 

40C-44.101 Content of the Application.

(1) All applications for environmental resource agricultural system maintenance and operation 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. Chapter 40C-1, F.A.C.

(2) Applicants Each application for an individual environmental resource agricultural system permit for an agricultural system under this chapter shall completebe filed on and contain the information required to be included on District form 40C-44.900(1), (Supplemental Information for Agricultural Systems) incorporated herein by reference, as of (effective date), available at http://floridaswater.com/ruledevelopment/ in Rule 40C-44.900, F.A.C., and Section A of form 62-330.060(1) available at http://floridaswater.com/ruledevelopment/, and implemented pursuant to paragraph 373.4131(2)(a), F.S. (2012).

(3) Each application for a standard general environmental resource agricultural system permit shall be filed on and contain the information required to be included on District form 40C-44.900(2) or 40C-44.900(3), incorporated by reference in Rule 40C-44.900, F.A.C.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 369.318, 373.044, 373.113, 373.171, 373.416, 373.418 FS. Law Implemented 369.318, 373.146, 373.4131, 373.416, 373.461 FS. History–New 8-11-91, Amended 10-20-92, 10-3-95, 12-3-06,________.                           

 

40C-44.301 Conditions for Issuance of Permits.

(1)(a) To obtain an standard general or individual environmental resource agricultural system permit for operation, maintenance, removal or abandonment of an agricultural system each applicant must give reasonable assurance that such activity will not:

1. through 10. No change.

11. Otherwise be inconsistent with the overall objectives of the District as set forth in Section 189.0 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. Applicant’s Handbook: Agricultural Surface Water Management Systems.

(b) Because a system may result in both beneficial and harmful effects in terms of various individual objectives, in determining whether the applicant has provided evidence of reasonable assurance of compliance with paragraph (1)(a) above, the District shall consider a balancing of specific effects to show the system is not inconsistent with the overall objectives of the District.

(2)(a) To obtain an standard general or individual environmental resource agricultural system permit for construction, alteration, operation, or maintenance of an agricultural system, each applicant must give reasonable assurance that such activity is not harmful to the water resources by meeting the following standards:

1. Significant adverse water quantity impacts will not be caused to receiving waters and adjacent lands;

2. Surface and ground water levels and surface water flow will not be significantly adversely affected;

3. Existing surface water storage and conveyance capabilities will not be significantly adversely affected;

4. The system must be capable of being effectively operated;

5. The activity must not result in significant adverse impacts to the operation of Works of the District established pursuant to Section 373.086, F.S.; and

6. Hydrologically-related environmental functions will not be significantly adversely affected;

(b) If the applicant has provided reasonable assurance that the design criteria specified in the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the St. Johns River Water Management District” Applicant’s Handbook: Agricultural Surface Water Management Systems, Part VII, SubpPart BII “Criteria for Evaluation” adopted by reference in subsection 40C-44.091(1), F.A.C., have been met, then it is presumed that the standards contained in paragraph (2)(a) above have been satisfied.

(3) No change.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.016, 373.044, 373.113, 373.171, 373.406, 373.416, 373.418 FS. Law Implemented 373.016, 373.409, 373.4131, 373.416, 373.418 FS. History– New 8-11-91, Amended 10-20-92, 7-4-93, 10-3-95,_________ .

 

40C-44.341 Revocation or Modification of Permits.

(1) The District may revoke or modify a permit in accordance with the provisions of Section 373.429, F.S., and Chapter 40C-1, F.A.C.

(2) The following shall constitute grounds for modification or revocation:

(a) Consistent noncompliance with permit conditions, or

(b) Consistent noncompliance with state water quality standards, or

(c) Noncompliance with waste load allocations, when adopted by District rule, such that the operation has become inconsistent with the objectives of the District, as set forth in section 189.0 of the “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the S. Johns River Water Management District” as incorporated by reference in 40C-44.091(1), F.A.C. Applicant’s Handbook: Agricultural Surface Water Management Systems, or

(d) Noncompliance with a pollutant load reduction goal, when adopted by District rule, such that the operation has become inconsistent with the objectives of the District, as set forth in section 189.0 of the  “Environmental Resource Permit Applicant’s Handbook, Volume II: For Use Within The Geographic Limits of the S. Johns River Water Management District” as incorporated by reference in 40C-44.091(1), F.A.C. Applicant’s Handbook: Agricultural Surface Water Management Systems.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 373.044, 373.113, 373.171, 373.406, 373.416, 373.418 FS. Law Implemented 373.4131, 373.429 FS. History–New 8-11-91, Amended 10-20-92, 7-4-93, 12-27-10,               .

40C-44.900 Forms and Instructions.

The following forms and instructions are hereby incorporated by reference. They have been approved by the Governing Board and are available upon request from: District Headquarters, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529.

(1) Supplemental Information for Agricultural Systems Individual Environmental Resource Agricultural System Permit Application, form no. 40C-44.900(1), adopted                      12-3-06, available at http://floridaswater.com/ruledevelopment/.

(2) Standard General Environmental Resource Agricultural System Permit Application, form no. 40C-44.900(2), adopted 12-3-06.

(3) Standard General Environmental Resource Agricultural System Permit Application, form no. 40C-44.900(3), adopted 10-3-95.

This rule will become effective on July 1, 2013, or upon the date that amendments to Chapter 62-330, F.A.C., proposed by the Department of Environmental Protection to implement the statutory mandate in section 373.4131, F.S. (2012), take effect, whichever is later.

Rulemaking Authority 120.53(1), 369.318, 373.044, 373.113, 373.406, 373.416, 373.418 FS. Law Implemented 120.52(16), 120.53(1), 369.318, 373.103, 373.413, 373.4131, 373.416, 373.461 FS. History–New 8-11-91, Amended 10-20-92, 10-3-95, 12-3-06,                             .

The sections of St. Johns River Water Management District Applicant’s Handbook (Volume II only) that will be incorporated by reference as a result of the proposed amendments may be viewed at http://floridaswater.com/ruledevelopment/.

NAME OF PERSON ORIGINATING PROPOSED RULE: Veronika Thiebach, Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone] and Thomas Mayton Jr., Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 12, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 24, 2012