South Florida Water Management District
RULE NO.:RULE TITLE:
40E-4.091Publications, Rules and Interagency Agreements Incorporated by Reference
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. 40, No. 87, May 5, 2014 issue of the Florida Administrative Register.
40E-4.091 Publications, Rules and Interagency Agreements Incorporated by Reference.
(1) The following publications, rules and interagency agreements are incorporated by reference herein:
(a) “Environmental Resource Permit Applicant’s Handbook, Volume II For Use Within the Geographic Limits of the South Florida Water Management District, __________ October 1, 2013,” (hyperlink), which incorporates the following forms or materials by reference:
1. through 5. No change.
(b) through (e) No change.
(2) No change.
Rulemaking Authority 373.044, 373.103(8), 373.113, 373.171, 373.413, 373.418, 373.4131, 373.441, 704.06 FS. Law Implemented 373.046, 373.413, 373.4131, 373.4135, 373.4137, 373.414, 373.4142, 373.416, 373.418, 373.421, 373.426, 373.441, 668.003, 668.004, 668.50, 695.26, 704.06 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.035(1), Amended 5-1-86, 7-1-86, 3-24-87, 4-14-87, 4-21-88, 11-21-89, 11-15-92, 1-23-94, 4-20-94, 10-3-95, 1-7-97, 12-3-98, 5-28-00, 8-16-00, 1-17-01, 7-19-01, 6-26-02, 6-26-02, 4-6-03, 4-14-03, 9-16-03, 12-7-04, 2-12-06, 10-1-06, 11-20-06, 1-23-07, 7-1-07, 7-22-07, 11-11-09, 7-1-10, 7-4-10, 12-15-11, 5-20-12, 10-1-13,__________.
The proposed Volume II including Appendix E is available online at www.sfwmd.gov/rules, and selecting “Impaired Waters”. An excerpt of the proposed changes to Volume II, is as follows:
PART IV STORMWATER QUALITY
4.1 through 4.1.3 No change.
4.1.4 Projects Discharging to Impaired Waters or to Outstanding Florida Waters
Systems discharging to a waterbody that has been identified as impaired by the Department of Environmental Protection pursuant to Section 403.067, F.S. under Chapter 62-303, F.A.C., or to an Outstanding Florida Water, shall be designed in accordance with the procedures in Appendix E.
APPENDIX E
Procedure for Environmental Resource Permit Water Quality Evaluations for Applications Involving Discharges to Outstanding Florida Waters and Water Bodies that Do Not Meet State Water Quality Standards
This procedure shall be utilized in coordination with the “Environmental Resource Permit Applicant’s Handbook Volume I: General and Procedural” (Volume I), incorporated by reference in Rule 62-330.010, F.A.C., and “Environmental Resource Permit Applicant’s Handbook Volume II: For Use within the South Florida Water Management District” (District) (Volume II), incorporated by reference in Rule 40E-4.091, F.A.C. This procedure pertains to the application of existing District rules in the evaluation of permit applications for projects which discharge to Outstanding Florida Waters (OFWs) and water bodies that do not meet State water quality standards identified on the State’s “Verified List” of impaired waters or water bodies that have a State adopted Total Maximum Daily Load (TMDL) (impaired water bodies).
“Impaired Water Bodies”
No change.
Relationship Between “Impaired Waters” and District Water Quality Rules
No change.
Existing ERP Water Quality Requirements and Evaluation
No change.
Required Analysis
The applicant must submit the following for each project:
Construction Phase Pollution Prevention Plan
A Stormwater Pollution Prevention Plan for construction activities resulting in greater than 1 acre of land clearing, soil disturbance, excavation, or deposition of dredge material. The plan shall be prepared in accordance with recognized design engineering practices and shall identify the potential sources of pollution that shall reasonably be expected to affect the quality of stormwater discharge associated with the construction activity.
Operation Phase Pollution Prevention Plan
No change.
Site-Specific Water Quality Evaluation
No change.
Additional Source Controls, BMPs and Other Protective Measures
No change.
Water Quality Treatment Enhancement
No change.
Treatment Efficiency of BMPs in Series
If a stormwater treatment system is designed in series as part of a BMP treatment train to increase the pollutant removal efficiency of the overall system, the treatment efficiencies of BMPs in series must account for the reduced loading transferred to subsequent downstream treatment devices as well as irreducible concentrations of certain pollutants. After treatment occurs in the first system, a load reduction occurs, which is a function of the type of treatment provided. After migrating through the initial treatment system, the remaining load consists of pollutant mass which was not removed in the initial system. This mass is then acted upon by the second treatment system with an efficiency associated with the particular type of BMP used until the irreducible concentration level is met.
When treatment systems are used in series, and a continuous model of the treatment systems is not used, the efficiency of the overall treatment train shall be calculated using the following equation:
Treatment Train Efficiency = Eff1 + [(1 – Eff1) x Eff 2]
Attention must be paid to the treatment efficiency used for each downstream BMP to account for the diminishing “treatability” of stormwater as concentrations are reduced.
Water Quality Mitigation
No change.
Water Quality Monitoring
Section 4.9.1(b), Volume II of the Environmental Resource Permit Applicant’s Handbook Volume II: For Use within the Geographic Limits of the South Florida Water Management District, incorporated by reference in Rule 40E-4.091, F.A.C., contains the rule on water quality monitoring. states that “new projects entailing a more intensified land use, such as industrial parks, and planning to discharge to a sensitive receiving water directly or indirectly, shall be required to institute a water quality monitoring program if the applicant is unable to provide adequate assurances (by such means as routing drainage of areas where polluting materials would be located away from the stormwater management system); developing restrictive covenants, or similar documents, which would have the effect of prohibiting polluting materials on the project site or proposing other methods of assurance that degradation of the receiving body water quality will not occur.” Based on the fact that permits are not typically issued without an applicant providing the reasonable assurances discussed in Section 4.9.1, Volume II and the District’s long-term experience with current water management system designs, the District has not routinely required permit-level water quality monitoring.
