40C-41.051. Exemptions

(1) The following systems located wholly or partially in the Econlockhatchee River Hydrologic Basin are exempted from the standards and criteria in subsection 40C-41.063(5), F.A.C., and section 13.4, “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 subsection 40C-41.043(5), F.A.C.:

(a) Each system for which the District has issued a general or individual permit, pursuant to Chapter 40C-4 or 40C-40, F.A.C., prior to April 3, 1991. The benefit conferred by this subsection shall apply only to the project area and the plan, as approved in the referenced permit.

(b) Each system for which the District has issued a permit pursuant to Chapter 40C-42, F.A.C., prior to September 1, 1990, and for which construction has begun prior to March 1, 1991, pursuant to the referenced permit. The benefit conferred by this subsection shall apply only to a system which did not require a permit pursuant to Chapter 40C-4 or 40C-40, F.A.C., prior to April 3, 1991 and only to the project area and the plan, as approved in the referenced permit.

(c) Each system for which the District has issued a permit pursuant to Chapter 40C-4 or 40C-40, F.A.C., prior to September 1, 1989, authorizing construction of a master system for drainage and flood control. The benefit conferred by this subsection shall apply only to the project area served by the master system and to the plan, as approved in the referenced permit.

(d) Each system for which the District has issued, pursuant to Chapter 40C-4, F.A.C., and prior to September 1, 1989, both a conceptual approval permit and at least one permit authorizing construction consistent with the conceptual approval permit. The benefit conferred by this subsection shall apply only to the project area and plan approved in the referenced conceptual approval permit.

(e) Each system which consists of an improvement to an existing public road which will be constructed by a governmental entity provided the governmental entity:

1. Has monetary funds fully allocated or appropriated for that system; and

2. Has filed an eminent domain action in an appropriate court, as of June 1, 1991, seeking to condemn land wholly or partially located within the Econlockhatchee River Hydrologic Basin to be used for the construction of the system; and

3. Has a construction design for such system which is 90% complete as of April 3, 1991; and

4. Files a conceptual approval, general or individual permit application with the District for such system on or before June 1, 1991, which application is not subsequently withdrawn and which contains the factual information necessary to establish that the system meets the conditions contained in this subsection.

(f) A permitholder for a system which meets the conditions described in paragraphs (a)-(d), who has complied with all permit conditions regarding the system, and who asserts that the system can qualify for an exemption under this section shall notify the District in writing prior to June 1, 1991. The notification shall contain the name of the project, the District permit number(s) for the project, all factual information necessary to establish that the system meets the referenced conditions and permit conditions, and a clear statement that an exemption pursuant to this section is sought. The failure to timely and fully notify the District serves as a waiver of the benefits conferred by this section. When the District receives the permitholder’s notification, the District staff will review the submitted information for consistency with the provisions of this section and will inspect the permitted project for compliance with permit conditions. If the notification meets the requirements of this section and the permitholder has complied with all of the permit conditions, the staff will respond in writing to the permitholder confirming that they have qualified for the benefits conferred by this section. If the staff finds that the notification fails to meet the requirements of this section or that any of the permit conditions have not been complied with, the staff will respond in writing to the permitholder, notifying them that they have not qualified for the benefits conferred by this section.

(2) A single family dwelling unit located wholly or partially within the Tomoka River Hydrologic Basin or the Spruce Creek Hydrologic Basin, provided the unit is not part of a larger common plan of development or sale, is exempted from the standards and criteria in subsection 40C-41.063(6), F.A.C., and section 13.5, “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 subsection 40C-41.043(5), F.A.C.

(3) Stormwater management systems exempted in Rule 62-330.051, F.A.C., which are either located wholly or partially within the Lake Apopka Hydrologic Basin or which discharge water to Lake Apopka or its tributaries, are exempted from the standards and criteria in subsection 40C-41.063(8), F.A.C.

(4) Systems that qualify for a general permit under Part IV of Chapter 62-330, F.A.C., are exempted from the standards and criteria in Rule 40C-41.063, F.A.C., and Sections 13.0 – 13.7, “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 subsection 40C-41.043(5), F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171, 373.4131 FS. Law Implemented 373.413, 373.4131, 373.416, 373.426, 373.461 FS. History–New 4-3-91, Amended 11-25-98, 3-7-03, 10-1-13.