40C-44.041. Permits Required

(1) Unless expressly exempt by Section 373.406, F.S. or Rule 62-330.051 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 environmental resource 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 permit for an agricultural system pursuant to this chapter or modification of a permit issued pursuant to Chapter 62-330, 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 Rule 62-330.051 or 40C-44.051, F.A.C., or authorized under Section 403.814(12), F.S., an environmental resource 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.

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, 10-1-13.