Summary


The District and EPA have entered into a Memorandum of Agreement (MOA) to outline a cooperative relationship between the agencies and to establish a protocol for sharing information when the District is reviewing an application for a permit to regulate activity proposed in or near certain designated Superfund sites within the District. The District anticipates that this will occur most often in the context of reviewing applications for well construction permits. Therefore, this rulemaking amends Rule 40D-3.037, F.A.C., to incorporate by reference the Memorandum of Agreement between the U.S. Environmental Protection Agency, Region 4, Superfund Division and the Southwest Florida Water Management District. The MOA will improve coordination between the two agencies and enable each agency to implement their respective regulatory practices in a manner that best minimizes the potential effects of ground water contamination in areas that are or could be impacted by a Superfund site. Information sharing will include detailed geographic descriptions of the contaminated areas associated with the Superfund sites covered by the Agreement. Upon receipt of this information, the District will make available to the public through its website aerial depictions of the contaminated areas. This will enable persons who seek to apply for District permits authorizing activities in or around the selected Superfund sites to know the extent of groundwater contaminant plumes and associated buffer areas. Making this information available to the public and to District staff will also avoid the potential for property owners to unwittingly risk causing pollutants to spread and thus become potentially responsible parties for cleanup of a Superfund site. Presently, the MOA applies to only one site located within Polk County. Additional sites will be added as site-specific information is developed.